Dear Ravishah,
All experts here have given you right suggestions. You may follow as under:
1. You should wait for 2 months to complete notice period for your compensation. In the mean time you may regularly follow up with your employer with request to release your payment early.
2. On completion of 2 months, if payments are not made, you may send them a legal notice for your dues.
3. In case of no reply or your dues payment, you may file complaint to Labour Commissioner of your area as suggested by Adv. Shivam above.
4. I would suggest you to avoid any litigation against the employer due to two reasons; the first it will take uncertain time for recovery of your dues through the courts; secondly, you will have to remain unemployed by the time your case is over in the court.

Practically, find some other job otherwise, and keep following your dues with your earlier employer , otherwise you might have to spend a lot of money on litigation than your dues with your employer. Advocates are always with you to satisfy your ego at your cost as last resort.


Dr. M. K. Ravi
Advocate

From India, Delhi
Dear Colleagues,

This is very important challenge many talents face in their career. Lot of practical / legal value added way forwards are given by our Colleagues.

Soon under the New Code on Wages 2019 which going to be implemented by Government of India which states that the settlement of wages to be done within 2 working days. Yes such challenges reached the attention of the Government and the laws is ready to address this challenge.

Till such time of implementation:

The reality is that some of the Organizations have this unfriendly policy of holding salary for the employees who resign from service for the reasons of Business Continuity and to avoid abruptly Talents Leaving the services and many more. But holding Salary is against Law.

Many companies after continuous education/ self learning / feedback during exit interviews, now a days get away with this policy and they release payments during notice period also and do the last month salary along with F&F.

As guided by our Colleagues, Kindly try to avoid any litigation in the beginning itself and be patient and keep them engaged by regular follow ups and collect your hard earned money. If it does not work then as guided by our Colleagues you may resort to legal course.

This is in the practice and the Laws are getting reformed. Now under the Proposed Code on Wages 2019 which will get implemented in the near future there is a clear guideline to the Employers as mentioned below. Once this Law is implemented such practices will vanish. Till such time, be patient and go in a practical way rather than legal way for obvious reasons considering your future Career and always to the maximum extent prove that you are sincere and loyal to the place where you worked. The World is round and there may be re-hiring / re-joining with the same employer in future who know?

Provision of F&F under Code on Wages 2019:

17. (1) The employer shall pay or cause to be paid wages to the employees, engaged
on—
(2) Where an employee has been—
(i) removed or dismissed from service; or
(ii) retrenched or has resigned from service, or became unemployed due to closure of the
establishment,

the wages payable to him shall be paid within two working days of his removal, dismissal,
retrenchment or, as the case may be, his resignation.

Let us wait for the good
All the Best, God Bless
Dr P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
Dear Seniors

Though it is unfair to hold two months salary during notice period, yet employer may have following reasons to support his stand.
1.To ensure proper hand over
2.To ensure safe return of any assets (Computer or other) issued to the employee. The cost of assets(Laptop/Desktop/Camera depending on the job profile) is some times more than employee`s one month take home.
Respect the decision of the company. As suggested by senior members above, request the management for part payment of your salary to meet your family obligations.

Regards
Puran

From India, New Delhi

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