Can My Employer Legally Hold My Salary During the Notice Period? Seeking Urgent Advice

Hello there,

I need urgent help in this matter.

Case: An employee at a managerial position in a private company has submitted their resignation with a willingness to work during the two-month notice period. The resignation was submitted on 2nd July 2009, and the notice period ends on 2nd September 2009. Now, can the employer hold the salary for the month of June 2009 along with the two-month notice period of such an employee, stating that it is company policy, and release the payment only at the time of relieving the employee?

Is such a policy considered legal? Is there any remedy for such an employee? Please help me out in this situation as the employee in the above case is myself.

Regards,
Pankti

Please help me out.

I am still on the probation period and am not required to give notice too. The company has stopped my salary for the month of June 2009. Moreover, they gave me the salary slip? I mean, what does that mean? Is it fair? What should I do? I have talked with the HR head of the company, but it seems that they have such a policy to unnecessarily harass the employees who resign. It's not a crime to resign, so why such harassment?

Please, can anyone provide me with help to proceed in this matter?

I understand your problem and sympathize with you. It is good that you are leaving such a company. Being in a managerial position, the only way out is a civil suit, which I am afraid is not feasible as it takes years and years and, to quote Sunny Deol in one of his movies, "Tarikh pe tarikh." Such companies know this, and that is how they exploit employees.

In my posts, I have always raised my voice against such dubious, baniya "outfits" which are an insult to the term "company." They are worse than the neighborhood paanwala as far as ethics and corporate governance are involved. Ideally, you should have submitted your resignation after getting your salary. But no use crying over spilt milk. Carry on with cheer in the new company.

Regards.