can the company hold my salary until assets are returned to them
9 months ago
I served my notice period now just before my notice period was ending (5 days) they shared that there was a bond agreement in the offer letter and as you are leaving early you'll have to pay 2 lakhs now it was my mistake that i didn't read the offer letter plus this clause was written in a sub para point 2 that too in the third line so I raised the concern that i am not liable to pay 2lakhs because its an unreasonable amount and nothing was informed when i joined the company and when i gave my resignation because hr didn't know it themselves. Now when the salary had to be credited and its been two days since my notice period ended they are saying that we wont give salary untli laptop is returned and i said its in process i have no inclination on keeping the laptop and will return it as soon as i recieve my salary plus for the bond amount they are saying we are making a decision to automatically deduct your variable pay as the bond amount
It appears that for lack of attention to the terms of your employment, you have been facing these odd consequences. But on the cessation of your employment on resignation after serving the notice period, an employer is duty bound to issue you relieving letter and cannot withhold it for any reason which amounted to unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
Employers cannot hold back the salary. But it is advisable to check your employment agreement first, if it allows the employer to do so. Otherwise, a legal action can be taken against the employer and the company.
Thank You
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