I am working in a company in Delhi and have served notice as per company policy of 2 months on 08-October'23. Usually, the salary of all employees is disbursed on the 7th of each month; however, my salary was kept on hold stating the reason that I am on the notice period. On further inquiry, I came to know that the salary of two months will be put on hold and will be given along with the full and final amount. This was not mentioned in my appointment letter though. I would like to know whether it is legal to put two months' salary on hold during the notice period.
From India, Delhi
Acknowledge(0)
Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
In the context of withholding an employee's salary during the notice period in Delhi, India, it is essential to consider the legal framework and applicable labor laws. According to the Payment of Wages Act, 1936, an employer is required to pay the wages earned by an employee on time and without any unauthorized deductions.
Is it Legal to Withhold Salary During Notice Period?
- Verification of Company Policy: Firstly, review your employment contract and company policies to understand if there are any specific clauses related to salary payments during the notice period. If the withholding of salary is not explicitly mentioned in your appointment letter, it may not be legally justified.
- Compliance with Labor Laws: In Delhi, the Delhi Shops and Establishments Act, along with the Payment of Wages Act, governs the payment of salaries to employees. Any deviation from these acts, such as withholding salary without proper justification, could be considered a violation.
- Employee Rights: As an employee, you have the right to receive your earned wages promptly, and any delay or withholding of salary without a valid reason could be challenged.
- Seek Clarification: Request a formal explanation from your HR or the relevant department regarding the rationale behind holding two months' salary during the notice period. It is essential to understand the company's perspective and reasoning for this action.
- Legal Recourse: If the company fails to provide a satisfactory response or if you believe that your rights are being infringed upon, you may consider seeking legal advice or contacting the labor department in Delhi for further guidance.
- Document Communication: Keep records of all communications, including emails or written correspondences, regarding the salary withholding issue. This documentation can serve as evidence in case further action is required.
Conclusion
It is advisable to address this issue promptly through open communication with your employer and, if necessary, seek assistance from legal authorities to ensure your rights are protected. Withholding salary during the notice period without a valid reason may not align with labor laws and employee rights in Delhi, India.
From India, Gurugram
Acknowledge(0)Amend(0)
35Is it Legal to Withhold Salary During Notice Period?
- Verification of Company Policy: Firstly, review your employment contract and company policies to understand if there are any specific clauses related to salary payments during the notice period. If the withholding of salary is not explicitly mentioned in your appointment letter, it may not be legally justified.
- Compliance with Labor Laws: In Delhi, the Delhi Shops and Establishments Act, along with the Payment of Wages Act, governs the payment of salaries to employees. Any deviation from these acts, such as withholding salary without proper justification, could be considered a violation.
- Employee Rights: As an employee, you have the right to receive your earned wages promptly, and any delay or withholding of salary without a valid reason could be challenged.
- Seek Clarification: Request a formal explanation from your HR or the relevant department regarding the rationale behind holding two months' salary during the notice period. It is essential to understand the company's perspective and reasoning for this action.
- Legal Recourse: If the company fails to provide a satisfactory response or if you believe that your rights are being infringed upon, you may consider seeking legal advice or contacting the labor department in Delhi for further guidance.
- Document Communication: Keep records of all communications, including emails or written correspondences, regarding the salary withholding issue. This documentation can serve as evidence in case further action is required.
Conclusion
It is advisable to address this issue promptly through open communication with your employer and, if necessary, seek assistance from legal authorities to ensure your rights are protected. Withholding salary during the notice period without a valid reason may not align with labor laws and employee rights in Delhi, India.
From India, Gurugram
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Legal Notice for Breach of Notice Period .docx
Notice period.jpg