Salary on hold
Ashiwn Vijayaraghavan
(Querist) 01 November 2013
This query is : Resolved
Dear Team,
I Am Ashwin and am working in India Property Online Pvt Ltd .
I have submitted my resignation letter on 16th Oct and the same has been approved by my reporting boss and the vertical head as well.
According to the company police they asked me to serve notice period of 60 days and for which i said will serve 45 days and rest 15 days will pay to the company.
Now all of sudden they have blocked my salary which i am suppose to get on 31st of Oct... When is asked HR they came back with the reason saying any employee who has resigned will not be paid and the same will be paid 45 days post completion of my 60 days notice . But when i referred my offer or appointment letter nothing as mentioned as such .
So request you to suggest me or provide solution for this please !!!!!
ajay sethi
(Expert) 01 November 2013
serve the notice period of 60 days desired by the company . it is only 15 days more than what you have offered to do . quit on amicable terms
Devajyoti Barman
(Expert) 01 November 2013
They can not breach the terms of employment agreement.
However for this only civil remedy lies.
You may initiate criminal proceeding as well.
Kumar Doab
(Expert) 05 November 2013
The pay day is well defined and is a fixed day.
The day for payment of earned wages is usual pay day.
The October salary can not be stopped since employee has resigned.
Submit a written communication (keep copy) for non payment of wages to you at once and demand a reply in writing.
The day for payment of FNF wages is last day in office or in next 2 days or at the most usual pay day.
You can approach:
Inspector under Payment of Wages Act,
Inspector under Shops and Commercial Establishments Act of your state………..
In your state the Labor Inspector (of the area in which office of the company is located) in local o/o Labor Commissioner may be holding both the charges as well.
The statues and enactments applicable to the establishment shall prevail.
The private policy of the HR or employer policy for HR shall not prevail upon the statues and enactments…………
The penalty for non payment of the wages on pay day may be Rs.7500/ for first/per instance…………………….
Are you a confirmed employee?
Raj Kumar Makkad
(Expert) 05 November 2013
Well advised by experts so no more to add.
