Questions & Answers
Withholding labour dues by the employer after resignation
I have resigned from a company with a limited period contract and have been waiting for settlement of dues and cancellation of visa as I have a job offer.
The HOD is not completing my internal clearance on account of invoices which have been already submitted and wants a proof that it has been submitted.
The client is based in Amsterdam and would take time to reply and I am not sure if they are putting any effort in this direction.
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
Please note that it is utterly unlawful for the employer to withhold your employment-related benefits for reasons of your end client not making any payment.
Your relation with the company has come to an end at the time of resignation and you cannot be held accountable for company affairs thereon.
As long as you have not committed any default, the employer cannot wait for payment from the client to release your salary.
You have a right in law to claim your labour dues from the labour court.
You can get in touch with me on 052-9495731 or email for further discussion.
Regards,
Hari Wadhwana
Dear Questioner,
With reference to your inquiry, kindly be informed that the employer shall immediately pay all your labour entitlements/end of service benefits.
He is attempting to make it a back-to-back payment, which is utterly illegal. That gives you the full right to file an immediate labour complaint against him.
Anyhow, after having your entitlements paid from his side, he shall follow up with his client. That has nothing to do with you in any way whatsoever.
Wishing you all the best.
Kind regards,
Sherif M. ElKhatib
