Legal Question in Employment Law in India

Company Withholding Salary and Release Letter

Hello,

I resigned from my previous company on the 23rd of March, 2009 serving a full 30 days notice period [as mentioned in the employment agreement]

However, I was released on the 03rd of April, 2009 and was told that I will be getting my release papers and the full and final financial settlement [which includes my salary for the month of March and includes 3 working days in April] within a week.

However, till date I have not yet received my papers, nor my salary and now the company is stating that they need my feedback on a project that I was handling and only after that they can release my papers and my paycheck. I provided the feedback on the project and also transferred all its documents and did a knowledge transfer to the person who will be handling it on my behalf.

But still the company is neither issuing me my release letters nor paying me my last month's salary.

What I have as documents:

1. The employment agreement.

2. The last month's payslip [I managed to get it even though I didn't get the salary]

What I don't have:

An acceptance of my resignation

So please advise me on how to handle this situation. I am feeling helpless, really!

Thanks a lot in advance!


Asked on 4/22/09, 2:52 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Company Withholding Salary and Release Letter

Any legal remedy may be time consuming and costly. try to reach an amicable out of court settlement with your employer.

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Answered on 4/22/09, 12:39 pm
Pranav Desai PD Legal & Associates

Re: Company Withholding Salary and Release Letter

Let us know How did you manage to get the last month's pay slip when salary was not paid to you. Further, how did you sent your resignation letter i.e whether hand delivered to your incharge or through email, etc.

Please provide us the above details and then we could provide you with some solution.

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Answered on 4/22/09, 5:07 am


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