Problem with Resignation - Salary Hold - working hours.. CiteHR
CiteHRCiteHR
 
HOME RISE NEW TEAM →|
Home > Human Resource Section > Talk To Seniors

innocentguy Started The Discussion:

I am working in small IT company (30 employees) since last 10 months and now I am planning to leave this job. I have already given my resignation to serve 2 months notice period. They have mentioned in their employees manual that during the notice period, the salary will go on hold and final settlement will be done after relieving me i.e after 2 months. I want to know whether this is legal to hold salary for 2 months once the resignation is given? Also, many times I have done over-time on their request but my HR says, in IT industry there is no law to pay for over-time. I wanna know what is the actual working hours as per Indian Labour Law and is my HR correct?

I would appreciate prompt reply. Thanks...

sulakshana H -  Member Since: Nov 2007
According to labour law working hour are 8hours 30 mins per day. You can check your company policy for Overtime /Comp -off policy and Notice period clause mention in appointment letter.

sulakshana H -  Member Since: Nov 2007
According to labour law working hour are 8hours 30 mins per day. You can check your company policy for Overtime /Comp -off policy and Notice period clause mention in appointment letter.

chandan2ykpankaj -  Member Since: Dec 2006
Dear Friend,

For working hours : 8hrs and 30minutes are common in many organizations.
For salary hold : Read your appointment letter carefully – is there any clause of salary hold included or not? - if there is no salary hold clause mentioned in appointment letter then you are liable to take legal action.

Regards

Pankaj Chandan

sam_dave -  Member Since: May 2009
Do not go for any legal action till you are not sure.

We are HR, we take minutes time to change a clause in the policy and if it happens than god save you.

But in order to avoid it, go to your HR and ask for the copy of HR Policy Document. As an employee of the firm you are liable to be provided with the terms and conditions and the policy details.

So ask for it and go through it very minutely. See for hidden clause and read through very carefully.

If there are no clause regarding the hold of the salary mentioned, than you are liable to take legal action.

Dont mindlessly take any legal action, company can go against you and file a law suit against you for harming the image of organization and false testimony.

I hope this will help get some insight to us.

shining -  Member Since: May 2009
Hey friend ,

take a sharp eye on your appointment letter as well as companies HR policy after reading all carefully talk to your HR on these points ,
If she/he is not conveince then talk to any person in Top management if they are also not reverting back to you with any positive note then you may go for any legal action.

All the best

:icon10:Shine

Jhuma Tiwade -  Member Since: Jun 2006
Hi,

Normally when you are in your notice, you get your full and final settlement and not salary. But if the notice is more than 1 mth then it depends upon company policy.And your emp manual mentions the same.

Also in todays scenario Overtime is a concept of Govt sectors mostly.Hr will say that if you did overtime you did to complete your work.But if you are working on weekends and holidays, check for comp offs.And since you have worked for 10 mths, you should have some leave, ask Hr to either adjust or encash them same.

Try and get your exit as smooth as possible.Since your employer may be contacted in future for ref check.Don't panic.

All the best.

Quote:
Originally Posted by innocentguy View Post
I am working in small IT company (30 employees) since last 10 months and now I am planning to leave this job. I have already given my resignation to serve 2 months notice period. They have mentioned in their employees manual that during the notice period, the salary will go on hold and final settlement will be done after relieving me i.e after 2 months. I want to know whether this is legal to hold salary for 2 months once the resignation is given? Also, many times I have done over-time on their request but my HR says, in IT industry there is no law to pay for over-time. I wanna know what is the actual working hours as per Indian Labour Law and is my HR correct?

I would appreciate prompt reply. Thanks...

hiteshmarand -  Member Since: May 2009
Dear Sir,

Please suggest to me for I will be writing a best resignation latter.

Reason for Resign
New Opportunities, Law standard of Salary, not appoint in new project to heart ego.

Thanks in Advance,

Regards,

Hitesh Marand



cliford -  Member Since: Feb 2009
Hi mate,
As per your sentence. There are some company's rule that they keep hold of the salary till F&F, so that any employee should not leave the job in between. And for the over time there are no payment paid for the same. Its only applicable for workers (in factory basis). Currently you are working in corporate office. so this rule is not applicable for you.
After the notice period is completed please check that the entire salary is paid to you as per you attendance.

parthasarthi -  Member Since: Feb 2009
No witholding of salary pending settlement of dues on resignation and Overtime is due this is simple case of fraud and cheating by your employer.

Ask them to pay all dues and salary in time as per payment of wages Act and overtime also even if its IT sector overtime is applicable to all industries and sectors.

THey are simply cheating you....

Complain to Labour Commissioner office.

Partho


Found This Useful? +Vote Up This Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.


PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE



3M Users, 100K+ Documents & 450K+ Discussions

Share »


Cite.Co helps people come together to solve each other's problems on all aspects of professional life.
Community Support & Professional Insights. Login or Register.
Email/Username    
Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network