Can Employer Hold the Salary?
10 months ago
I resigned on 28th of June and my notice period starting from 1st July end with 31st July In this condition can employer hold my salary for June month?
A.Dear Sir,
The employer cannot hold the salary. You may approach the following authority.
Please approach the following authority or similar authority in a state
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
In case you tender resignation following the terms of the contract of employment, then on the expiry of the notice period, the employer is duty-bound to disburse your F & F Settlement dues and issue relieving letter or experience certificate. Thus withholding of salary for no valid reason amounted to unfair labour practice on the part of Employer. On denial of your written appeal by the employer or for inordinate delay in disbursement of dues, you file a complaint before the concerned Labour Commissioner for redressal of your grievance failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
You can file a suit under The Industrial Dispute Act under Section 33(c) for the recovery of money