Issue Regarding Detention Of Salary In The Notice Period

Dear All,

I am working in a reputed IGCSE school affiliated with the University of Cambridge. Recently, I resigned from the position of a teacher and am ready to serve a 30-day notice period as per the service rules. However, my employer asked me to serve a notice period of 90 days as they need time to find a new teacher and require that much time for recruitment. I declined this request as I need to join another school for the new session. Now, my employer has withheld my salary from the previous month (a month before the notice period), even though they already hold my security deposit. Please advise me on what I should do in this situation.

Thank you.

The notice period clause will be triggered by the employment letter read in consonance with the HR manual. No employer can breach the employment terms agreed to by and between the employee and employer. If you find them breaching the employment terms, feel free to write an email quoting the provisions of employment, warning them of legal recourse in case they do not rectify their error. Give them 7 days to correct their course of action; failing to do so, file a complaint at 'pgportal.gov.in'.

Best wishes!

Since your notice period was 30 days, you are not required to serve a single day extra regardless of whether your school has been able to find your replacement or not.

Non-payment of salary is illegal and attracts interest and penalties. Simply demand the salary in writing through registered mail. Wait for 7-10 days, and then you may initiate legal proceedings to recover the unpaid salary.

Dear,

Since your appointment letter stated the 30-day notice period, hence you need to serve only a 30-day notice and complete the period thereof.

Holding salary and demanding the security amount to retain employees is an unfair labor practice for which the employer may be penalized under section 25U of the ID Act, 1947.

Send a written application via registered post seeking your dues and comply in accordance with the terms of the service agreement. If they do not proceed according to the service conditions, then you can initiate legal action against your employer. You can even file a case under section 33C(2) of the ID Act, 1947, for the recovery of your due salary if you are categorized under section 2(S) of the ID Act, 1947.

Thanks & Regards,

V. SHAKYA
HR & Labor, Corporate Laws Advisor

Thank you all for replying. Also, I need to know what if they hold back my experience certificate?