Employement issue
Pankti
(Querist) 10 July 2009
This query is : Resolved
Hello there
Can anyone help me out in the following case:
I gave my resignation letter on 2nd July, 09 from the position of manager in a pvt.co with a willingness to work during the notice period..
The company stopped my payment of salary for the month of June, 09 and told me that the June, 09 salary and the notice period salary shall be paid to you along with your full and final payment..ie. in my case after 2nd sept, 09
My question is can such action of company be held legal?
Can holding of salary for the period of 3 months where the notice period is 2 months allowed...?
Is there any remedy..?
Please guide me
Regards,
Pankti
A V Vishal
(Expert) 10 July 2009
Dear Pankti
There is no provision in law which states that on serving notice the company can withhold the salary of the previous month, the act of the company is illegal, the salary for June is the remuneration paid for the services rendered by you for that month. Correspond with the HR department to release the salary. There is remedy under law to recover the salary but it will lead to unsavoury things, that which I don't advise.
Pankti
(Querist) 10 July 2009
thanks a lot Mr. Vishal.
One important fact i came across is that am still in probation period which doesnt require notice period too... so if the company is taking making such unnecessary harassment..i can take a step for demanding my payment of salary?
sanjeev murthy desai
(Expert) 10 July 2009
Dear Pankti,
Yes absolutely you can make such demand through legal notice. If they refuse your demands then you can file recovery suit with interest.
sanjeev desai
Pankti
(Querist) 10 July 2009
Thanks a lot Mr. Sanjeev
Regards,
Pankti Saraiya
