Jaiprakash169
Hey, My name is Jai and i worked as a technical support executive in a certifying authority. I informed my HR about my resignation on 1st may and send him a dedicated mail regarding the resignation.

The notice period in that company was 1month. I informed HR that i will not continue this job from 1st june and i resigned. I completed the notice period. But my salary of may month is not credited in my account and HR is saying that they will transfer it next month i.e. July. So my question is it is legal or he has right to hold my salary? Or what do I have to do in this situation please help.

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy
Jaiprakash169
Technical Support Executive

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KK!HR
1317

You can claim your salary after you have submitted a 'No Dues Certificate' from all the related areas of work as per your organisational practice. Once you submit the certificate then the organisation cannot withhold your salary in the normal circumstances.
Try to ascertain how it was dealt with previously. HR telling as a matter of routine that it will be paid only in July is unreasonable and clearly, it is not acceptable. As per law, the previous salary and other dues are payable within two days of separation of service. (See Proviso to Section 5 of Payment of Wages Act 1936)

From India, Mumbai
saswatabanerjee
2289

The Payment of Wages Act, that applies to all offices in india requires that all salary and wages should be paid by the 7th of the next month (10th for office with more than 1,000 employees). Wages in case of termination of employment (which includes resignation) must be paid within 2 days from the last working day in most states.

So you should definitely be paid by 7th of June.
Delay beyond that is against the law

If your salary is less than ₹ 21,000 a month, then you have the option of filing a compliant with the Labour Commissioner. In other cases, you can only file a civil case. So in most cases you may have no option but to wait and hope it is paid by the end of the month

From India, Mumbai

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