Is it illegal for the company to hold salary during a 3 month's notice period
4 weeks ago
Is it illegal for the company to hold salary during a 3 month's notice period?
A.Dear Client,
Withholding salary for the notice period or final settlement dues upon termination or resignation, except for disciplinary reasons, constitutes illegal and unfair labor practices. If the company refuses to release your salary, you should serve a legal notice and file a complaint with the relevant Labor Commission, provided you qualify as a workman under Sec. 2(s) of the Industrial Dispute Act, 1947. Additionally, you can file an application under Sec. 33C(2) of the I D Act to recover dues through the Labor Court.
Alternatively, if you hold a managerial or administrative position, initiating a civil suit against the company for the recovery of your dues would be appropriate.
Withholding salary for the notice period or final settlement dues upon termination or resignation, except for disciplinary reasons, constitutes illegal and unfair labor practices. If the company refuses to release your salary, you should serve a legal notice and file a complaint with the relevant Labor Commission, provided you qualify as a workman under Sec. 2(s) of the Industrial Dispute Act, 1947. Additionally, you can file an application under Sec. 33C(2) of the I D Act to recover dues through the Labor Court.
Alternatively, if you hold a managerial or administrative position, initiating a civil suit against the company for the recovery of your dues would be appropriate.
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A.Dear Client,
Yes, withholding of salary for the notice period or F & F dues on cessation of employment either by resignation or termination other than disciplinary action amounts to illegal and unfair labour practice. If the company refuses or withholds your salary, then serving a legal notice reach out to the office of the concerned Labour Commission to file a complaint against the company for unfair trade practices, provided you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947 and also file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues receivable from the Company on resignation. Otherwise, if you are holding a position of Manager or Administrator in the Company then you have to file a civil suit against the Company for recovery of your dues from the company.
Yes, withholding of salary for the notice period or F & F dues on cessation of employment either by resignation or termination other than disciplinary action amounts to illegal and unfair labour practice. If the company refuses or withholds your salary, then serving a legal notice reach out to the office of the concerned Labour Commission to file a complaint against the company for unfair trade practices, provided you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947 and also file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues receivable from the Company on resignation. Otherwise, if you are holding a position of Manager or Administrator in the Company then you have to file a civil suit against the Company for recovery of your dues from the company.
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