Salary hold by coworker via hr without any intimation Salary hold by coworker via hr without any intimation

10 months ago

My seniors asked hr to hold my salary as one of the co client delaying payment for 5 days

Legal Counsel Vidhikarya

Responded 10 months ago

View All Answers
A.Dear Client,

An employer can not withhold the salary of an employee without any valid reason and in the absence of any such condition in the contract of employment which amounted to unfair labour practice. So in the prevailing situation, reach out to the office of Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, Shops & Establishment for redressal of your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. However, in case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal or under the Shops and Establishment Act, you may contact our legal team with the relevant papers.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNotice period buyout during probation
Dear Client, If there is no provision for a buyout of a fraction period of the total notice period in the policy of the Company, you cannot opt for it as a matter of right. Either you have to serve th...
question iconListed company registered office in residential premises.
Dear Client, The use of a residential building for commercial purposes is not permissible under the law unless the class or character of the building is converted by the competent authority i.e, Munic...
question iconBoss told me to resign
Dear Client, An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
question iconCommercial flate
Dear Client, Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
question iconResignation wihout notice period
Dear Client, A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...