Hi Team, I am currently employed at one IT company in Bangalore working as a contractor for MNC. I started my employment on 26-March-2019 and I have resigned on 22-April-2019. My company told me that I will need to serve notice period of 60 days. Till now - they have not paid me the salary for 6 days of March and 30 days of April.
When asked they told that they will pay after Full and Final settlement, which will be after 45 days from my last working day. Which means I will need to wait for my salary for 4.5 months. Is it ok for employers to hold salary for that much long, as it becomes very difficult for employees to wait that long?
Also, as I have resigned within 6 months can they ask me to serve notice period of 2 months? For other employees in the same company they have given 2 months probation and 1 month notice period.
From India, Mumbai
I am constrained to state that there is a misconception about the time-limit of F&F settlement of dues of employees on their termination of employment based on the practice or policy followed by every employer. Considering the fact that F&F Settlement comprises of all the dues to the exiting employee which can be statutory or contractual, every such due has got a separate time limit for its disbursement. For example, wages/salary being the agreed monetary compensation for the services already rendered by the employee, it has to be paid immediately on the next working day after the day of exit; gratuity to be paid within 30 days from the date of termination of employment; all other dues like encashment of leave etc., have also to be settled immediately after termination. Therefore, if any time line is fixed due to administrative convenience, it does not in any way absolve the employer of his liability to comply with the statutory time limit for disbursement of each head of dues so that he can effect settlement all in a single go after the expiry of 30 days or 45 days etc. Every item of due has to be paid exactly within the due date fixed for it individually.
From India, Salem
Thanks for your reply. One more thing I forgot to mention, they have created false payslip for April 2019 (included March data as well). They have shown Loss of pay for 35.8 days.
Kindly guide how to resolve this issue.
From India, Mumbai
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