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Hi,

One of my employees sent his resignation on the 6th of January and is supposed to serve a 2-month notice period. However, he is willing to serve only 1 month. Can we withhold his entire 2 months' salary until the full and final settlement? We will release it only after he completes the 2 months' notice period.

Will this be okay? Are there any potential legal consequences?

Regards, Resmi G

From India, Ernakulam
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Dear Resmi,

What is the effective date mentioned in his resignation letter? Is it after the one-month period he is ready to serve, or is it a buy-out situation? In any case, it is not legally correct on your part to withhold two months' salary.

From India, Salem
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