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...
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.
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.
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.
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
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.
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.
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.
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