Service-dues claims should be broken into components with dates, contractual basis and calculations. A single demand for an estimated total is easier to dispute than a supported schedule.
Main legal questions
- Unpaid salary and notice pay
- Gratuity and qualifying service
- Earned incentives or variable pay
- Leave encashment and reimbursements
- Deductions, set-off and full-and-final settlement
Documents to collect
- Appointment letter and compensation revisions
- Payslips and bank statements
- Attendance and separation records
- Incentive plan and target evidence
- Settlement sheet and demand correspondence
Practical response
- Prepare a component-wise calculation
- Identify statutory and contractual claims
- Send a precise written demand
- Preserve limitation and forum options
- Avoid overstating uncertain amounts
Forum selection
The correct route may include labour authorities, adjudication or contractual proceedings depending on worker status, benefit and current law. CAT and WBAT do not handle ordinary private employment claims.
Frequently asked questions
Can unpaid salary be claimed without payslips?
Bank records, appointment terms and attendance may help, but the evidence should be reconstructed carefully.
Is gratuity payable after resignation?
Eligibility depends on qualifying service, coverage and current statutory rules.
Can the employer deduct alleged losses?
The contractual and statutory basis, proof and procedure must be examined.
Official references: Ministry of Labour IR Code guide; Industrial Relations Code Amendment Act 2026.
Related resources
- Employment lawyer in Kolkata
- Service-matter forum guide
- Calcutta High Court services
- Contact KLS Law Firm
Important: General information only. Current statutes, rules, employee status, contract and limitation require specific review.
