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Vivek Anand (Manager)     30 September 2012

Salary stoped during 3 months notice period

Dear Sir,

I work in a company where we need to serve 3 months notice period. But employer stops paying salary for next three months notice period till they do the full and final.

Can they stop monthly salary for 3 months notice period? This is not mentioned anywhere in the appointment letter nor they have circulated any company policy. How an employee can survive without salary for three months. Is there any clause to get protected?

Regards,

Vivek Anand



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     30 September 2012

Most of the companies adapts this practice which is neither legal nor ethical. At the best the last month's salary can be paid through the full and final settlement. Every employee including a managerial employee is governed by the Payment of Wages Act and has the right to receive their wages/salary within 7th/10th (based on the employee strength) of the succeeding month. Hence point of this fact to your HR/senior team and get the salary.

Vasudevan

Kumar Doab (FIN)     30 September 2012

Mr. Vasudevan has given valuable advice. Kindly follow it.

You may prepare a statement of payables by you to company and payables by company to you and ask the company to confirm in writing that it is accurate or point out the anomalies, in writing by redg. post.

Companies do try to convince that it has to evaluate the recoverable from employee and would like to have a hold to adjust in FNF statement/settlement.

However you may show the mirror to company and conclude that company is sitting on huge amounts of your good money. You may raise a very valid question how would you and your family survive without your salary, and from which source company expects you to fund the cost of attending office.

You may mention that you have not been paid your wages on your pay day which is……..as in case of all employees.

No one including a trainee, apprentice can be kept on work without being paid and that too in time.

You need to drill sense into the heads.


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