Former employer has withheld salary

by Shivendra Pratap Singh | Oct 2, 2023 | Civil Matters, Service Matters

Former employer has withheld salary. As I was working with Maruti car dealership I left the job on 31 August company has held my salary saying that I have not served the notice period.

Asked from: Haryana

If your former employer has withheld your salary because you did not serve the required notice period, you should take the following steps to address the situation.

Carefully review your employment contract or any agreement you had with your employer. Check if there are specific clauses or terms regarding notice periods, salary deductions, or any other relevant policies.

Reach out to your former employer to discuss the matter and seek clarification. Explain your reasons for leaving and inquire about their reasons for withholding your salary. Maintain a professional and respectful tone in your communication.

If there is room for negotiation, discuss the possibility of finding a mutually acceptable resolution. This could involve agreeing on a compromise, paying a penalty fee, or working out an arrangement to fulfill the notice period obligations.

Keep records of all your communications with your former employer, including emails, messages, or letters. These records can be important if you need to escalate the matter.

If you believe your former employer is acting unfairly or unlawfully, you may file a case against it for disbursal of salary and compensation. You should file that suit in the labour court. Arbitrarily withholding an employee’s salary without proper justification can indeed be a breach of labor laws. Labor laws in India are designed to protect the rights and interests of employees, and withholding salary without a valid reason is generally not allowed.

Your employer cannot make unauthorized or arbitrary deductions from your salary without proper documentation or agreement. Any deductions must be clearly communicated, and you should be given an opportunity to dispute them if necessary.

Legal action against department for not granting NOC for higher studies in foreign university

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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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