Employer withholding salary 

Employer withholding salary, I have given my resignation on 16th of May and I am currently serving a 2 month notice period. Employer withholding salary. My employer has paid me only for 1st to 15th of May and is planning to withhold my salary for the next 2 months. When asked they said they will […]

by Shivendra Pratap Singh | May 22, 2023 | Service Matters

Employer withholding salary, I have given my resignation on 16th of May and I am currently serving a 2 month notice period. Employer withholding salary. My employer has paid me only for 1st to 15th of May and is planning to withhold my salary for the next 2 months. When asked they said they will pay me when I complete my notice period.

Asked from: Maharashtra

Employer withholding salary: According to the Indian labour laws, if you have submitted your resignation and are serving a notice period, you are entitled to receive your salary for the entire notice period, unless there are specific contractual clauses or terms agreed upon by both parties that state otherwise. 

In general, an employer cannot withhold an employee's salary during the notice period unless there is a valid reason, such as recovery of dues or any financial liabilities on the employee's part. 

However, even in such cases, the employer should follow proper legal procedures and provide a valid explanation for withholding the salary.

Review your employment contract

Carefully read your employment contract to understand the terms and conditions regarding notice period, salary payment, and any applicable deductions. 

Communicate with your employer

Send a legal notice to your employee and express your concerns to your employer regarding the withholding of salary during the notice period. You can send that legal notice preferably via email or a formal letter, stating that you believe you are entitled to receive your full salary for the entire notice period. 

Request clarification on the reasons for withholding your salary. In the meantime you may contact your company's HR department and explain the situation to them. They may be able to mediate between you and your employer to find a resolution.

Legal action when employer withholding salary 

If the employer fails to address your issue and does not pay your salary during the notice period, you have the right to take legal action against him. You can file a case against him in the Labour Tribunal. Withholding salary during the notice period prima-facie seems illegal. The labour tribunal is competent to deal with your case and has power to adjudicate this issue. 

Related: What to do if salary has been withheld by employer?

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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