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I gave in my resignation last Friday. Unfortunately, there's a clause in the offer letter that specifies there would be no pay for the entire period, and the whole amount would be paid after my exit. I just wanted to know if it's legal to do that, and, if not, what actions I could take.

PS. My notice period is for three months.

From India, Ludhiana


It is illegal to hold the salary during notice period.

You can request for at least partial salary with your employer. Explain them that you have monthly commitments towards rent, food, day to day expenses etc.

From India, Madras

It is illegal to hold salary. More than that it is illegal to have a notice period in respect of an employee who does not have any managerial roles because an employee not having managerial roles would be a workman under the ID Act even if his salary may exceed even lakhs and under ID Act there is no such provision that an employee should give notice if he wants to leave an employment. Again a notice of three months is too much and holding salary for three months is beyond industry practice also.
From India, Kannur

This is illegal, but a practice followed by many companies
There is little you can actually do on this.
Complaining to the auditorities is unlikely to get you any relief in time. Beside, it will be a problem when the next company refers to your existing employer for Background Verification.

You need to arrange for cash flow from somewhere and manage in the meanwhile...

From India, Mumbai
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