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Employer refusing to give salary
09-Sep-2023 (In Labour & Service Law)
I was working in software company as data engineer and I had to leave the job immediately due to family circumstances. Since it was my first job, I was under probation for 6 months. It was 2nd month of my probation and I had worked for 24 days in that month which is August 2016. SInce, my offer letter didn't mention any notice period during probation, I left on 25th August by giving a resignation letter explaining my reasons. Now my employer is not paying me my August month's salary and is saying he is "sorry" to not include a clause in offer letter that disallows me of any pay during termination. How should I go about dealing with this situation ?
Please go through your offer letter including the terms and conditions of probation to see if there are any conditions for which an employer can withhold pay and if anything you did is covered under it. Also, the manner of termination would also determine your issue - was your resignation accepted? At the time of leaving, did you sign any documents regarding any money dues etc.? Has your employer given to you in writing that he cannot pay for 24 days? They might have a pro-rata payment system in place as well that you can discuss..
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If the offer letter did not mention a notice period, the employer is not justified in holding back the salary. He is liable to pay you salary for the 24 days you worked in his company.
If you have demanded this in atleast one e-mail written to the company and they have not replied, then contact a lawyer, get a legal notice issued and proceed to file a labour dispute before the labour court demanding your salary along with litigation costs.
If you have demanded this in atleast one e-mail written to the company and they have not replied, then contact a lawyer, get a legal notice issued and proceed to file a labour dispute before the labour court demanding your salary along with litigation costs.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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