Salary Hold
5 months ago
Can Employer Hold 02 month (53 Days) Salary if Notice Period is of 01 Month? I have resigned on 23 Oct 2023 and my last date will be 22 Nov 2023. Now till 08 Nov 2023 Employer is holding my Oct month salary and also holding my transisation period(22 Nov 2023) salary. Is it legal, if not please suggest what to do?
A.Dear Client,
On cessation of employment of an employee, the employer cannot withhold his F & F Settlement dues for an indefinite period subject to any condition in the absence of any specific stipulation of that condition in the contract of employment. Such an act on the part of the employer is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and 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 illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. In case you are holding avvposition of Manager/Supervisor in the Company, you have to file a civil suit before the Civil Court for appropriate relief 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 / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
On cessation of employment of an employee, the employer cannot withhold his F & F Settlement dues for an indefinite period subject to any condition in the absence of any specific stipulation of that condition in the contract of employment. Such an act on the part of the employer is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and 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 illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. In case you are holding avvposition of Manager/Supervisor in the Company, you have to file a civil suit before the Civil Court for appropriate relief 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 / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
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A.Dear Client
Review your employment contract and the company's policies regarding salary payment and termination. This will help you understand your rights and the employer's obligations. If the employer continues to disregard your requests for payment, you may need to consider filing a formal complaint with the labor department or relevant authorities in your area.
Review your employment contract and the company's policies regarding salary payment and termination. This will help you understand your rights and the employer's obligations. If the employer continues to disregard your requests for payment, you may need to consider filing a formal complaint with the labor department or relevant authorities in your area.
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