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An employer refuses to give an employee his labor dues after waiting for 6 months

Dear sir/madam,

I served my 2 months notice and resigned on the 12th of August as I was supposed to leave the country on the 14th of August during peak COVID time with my dependents.

However, I had to ask for a 1-month extension which would be served with my annual leaves as during peak COVID times, the flights would get canceled without notice. My manager and the HR were kept in the loop and my HR sent me a work permit cancellation letter which I signed and submitted upon confirmation from my manager.

Later when I enquired, my HR said that I am absconding and would receive my settlement after 6 months so I waited. Now after 6 months, on inquiry, HR calls my manager and asks him to inform me that I won't be paid anything as I am absconding.

Now my question is when I have kept everyone in the loop, my manager, the HR with all the steps, how can I be declared absconding.

I have all the emails and chats as proof and would like to know where do I stand legally?

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29 Mar 2022, 05:55

Dear questioner,

Assuming your contract was a limited contract and as per your statement, you served them 3 months' legal notice.

However, you didn't get paid your final settlement, and you were reported absconding. Why did you wait for this long to report it when you were not absconding?

Anyways since you have mentioned you have all the supporting documents proving you were not absconding and you resigned as per the terms of the contract, you can raise a complaint with MOHRE. It should be done immediately.

29 Mar 2022, 06:48

Thank you so much for your reply!

I also signed and submitted the work permit cancellation document to HR yet she did not process it.

After I enquired, she said I have been absconding and I have to wait for 6 months to receive my settlement.

Now after 6 months yet, she does not reply and informs my manager to inform me on call that I won't receive anything. I have all the emails sent and received. Currently, I am living in Sydney.

29 Mar 2022, 13:01

Since you are in Sydney, you can hire a lawyer by giving him/her power of attorney to file the complaint against your employer on your behalf in MOHRE.

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