Employer can hold salary of employee

Hi,

Illegal withholding of salary and wage theft is a fairly common problem in India. Unless the courts have authorized the employers.

Section 4 of the payment of wages Act states – Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

It is strongly recommended sending a legal notice enumerating all the actions that you may take from a credible lawyer

You have certain remedies mentioned in India laws:

1. Approach Labour Commissioner:
2. Under the Industrial Dispute Act, An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

But do keep in mind that it will also depend on the terms of your contract and if there is a provision that allows the employer to hold back the salary of employees in cases of too many leaves.

Hope this solves your query,

Regards,

Archit

Hi,

Illegal withholding of salary and wage theft is a fairly common problem in India. Unless the courts have authorized the employers.

Section 4 of the payment of wages Act states – Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

It is strongly recommended sending a legal notice enumerating all the actions that you may take from a credible lawyer

You have certain remedies mentioned in India laws:

1. Approach Labour Commissioner:
2. Under the Industrial Dispute Act, An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

But do keep in mind that it will also depend on the terms of your contract and if there is a provision that allows the employer to hold back the salary of employees in cases of too many leaves.

Hope this solves your query,

Regards,

Archit

Hi,

Illegal withholding of salary and wage theft is a fairly common problem in India. The employers dont have the right to withhold the salary of an employee unless the courts have authorized the employers.

Section 4 of the payment of wages Act talks about the Fixation of wage period which states that every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

It is strongly recommended to send a legal notice enumerating all the actions that you may take from a credible lawyer.

You have certain remedies mentioned in India laws:

1) Approach Labour Commissioner

2) Under the Industrial Dispute Act, An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.

But do keep in mind that it will also depend on the terms of your contract and if there is a provision that allows the employer to hold back the salary of employees in cases of too many leaves. Hope this solves your query,

Regards,

Archit.

 

Wonderful post, thanks to the author! I have found many useful things for myself.

please refer to circular dtd:27.3.2020 by the Ministray of labour and employment advised various industries/enterprises/companies/ associations to not to retrency any employee and continue paying the wages/salaries. Further on 29.3.2020 the Ministry of Home Affairs issued a circular for payment of full wages to the workmen wherein the period of lockdown is to be treated as"paid holiday", which is binding and under sec. 51 to 58 of Disaster management act penalises any  non-confirmity of the order or directions and also  recovery of salry amount from the emplyer with fine upto 10 times and even Epidemic Disease Act 1897.

Hello Bhavesh!

Legal Remedies:

Check your employment contract: Review your employment contract to understand the specific terms and conditions regarding salary payment and deductions for leaves.

Communicate with your employer: If you have been in contact with your employer during your leave period, it is advisable to discuss the situation and any potential salary deductions with them.

Seek legal advice: If you believe that your employer is unjustly withholding your salary without valid reasons or in violation of the terms of your employment contract, you may consider seeking legal advice from a labor lawyer or contacting the labor department for guidance on the appropriate course of action.

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