Queries
What are the reasons and what should be the situations in which employer can stop the salary of an employee.
As one employee resigned from our company and he has not performing well since last two months, his salary is on hold and now for ff settlement company wants to stop his salary . Is this possible ?
Please reply soon

2nd December 2010 From India, Kanpur

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dear smita,
if he was not performaing well, did you gave him warning letter or recognised it after his leaving the job.
He has given you his 8hrs a day, he would have been working since. what was his reporting boss doing at time when this person was not performing well.
This is not the reoson to stop someones payment, from an employer point of view its small amount but from an employee point of view its an big amount, infact may be bread earning money for himself or for parents or wife and children.
think about it again consult or wait for more response till you get the final decision.
2nd December 2010 From India, Mumbai
Dear Smita, Yaasmin is absolutely right. Please re-think about the issue and thn go for final decision. May be he is the bread earner. Regards, Neelam.
2nd December 2010 From Germany, Wolfratshausen
I agree in totality with the opinions posted here Stopping salary under the given circumstances, only reflects the poor mentality of the management. Warm regards.
2nd December 2010 From India, Delhi
It can be a skill/will issue or a training issue.
The person has worked for the 2 months and he should be paid for it.
From the business perspective, the compensation should always include a variable component which is given vis a vis performance
It can be a legal issue for the company if the employee is not paid.
2nd December 2010 From India, Mumbai
dear, please, no rights to stop the salary. because every employee selected by employer only. if his performance not well, give proper time to relieve the job pandian tirupur
2nd December 2010 From India, Madras
dear smita,
Yes, indian labour law do provide for same.
Employer is doing business , has invested capital and in return expects profit.
Data provided by you is insufficient to give you any reply .
If you get productivity of rs 100 than you can pay rs 3/- to rs 50/-
But be careful , do it with strict compliance . Else ........... ???
Sunil Agarkar
Advocate & consultant
9824190002

2nd December 2010 From India, Vadodara
Please enlighten us about the "Indian Law" which provides for the "same". It will be a very useful piece of information for all HR practitioners.
Further what you have stated in your mail is a little confusing. Could you clarify your thoughts please?
Thank You,
Vasant Nair

3rd December 2010 From India, Mumbai
You cannot and should not hold anyone's salary. If someone has not been performing well, regular and proper steps should have been taken to help him attain the desired levels of performance.
Now since the concerned employee has resigned, you should release him as per terms of his appointment and settle his dues in Full & Final in good time. Legally and ethically you cannot hold salary he has earned for the period that he has worked.
Vasant Nair

3rd December 2010 From India, Mumbai
dear smitha
you cannot withhold the salary.
i have always followed one principle. if an employee resigns, if he is good, we will try to retain him. if he is unwilling to stay back or his performance is not good, then immediately i have relieved them. there is no use in having an unwilling horse. it becomes a burden than any productivity.
so instead of all the above please try this
regards
nagaraj
3rd December 2010 From India, Bangalore

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