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Final Settlement - Salary Not Given - CiteHR

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Rahul Sinha
Dear Members ,
I would like to get your opinions for the below case :
A. Salary pending from last three months
B . Salary account not opened , salary given through cheque.
C. In case of resign , HR not clear when he will give Final Settlement with letter says may be in year or so.
Now I want to know what will be the best way/alternative to recover pending dues/salary/ settlement letter max in a month time .
I would also like to know that whether in this case moving to labor court will be helpful.
Thanks

From India, Mumbai
Madhu.T.K
3891

If three months salary is pending, you can raise it as an industrial dispute under the Payment of Wages Act.
If final settlement is not made, the same is partially a matter connected with non payment of salary due and partially a dispute coming under the Industrial Disputes Act.
Both these issues can be redressed through Conciliations, not necessarily through Labour Court. You can ask the HR to settle the amount failing which only you have to file a compliant before the District Labour Officer for intervention.
Regards,
Madhu.T.K

From India, Kannur
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