Is It Legal for My Company to Withhold My Payslip? Seeking Advice on Next Steps

Hi all,

Is it legal for the company to issue the payslip? I have been asking my HR and MD for a long time (3 weeks) to provide me with my payslip as I have decided to move to another company. There has been no proper response; they keep saying they are very busy.

What legal steps can I take?

Thanks,
Gaurav

Dear Gaurav,

The issuance of a pay/wage slip is necessary for establishments covered under the Minimum Wages Act of 1948 for their employees. However, if you are not classified as an employee under this Act or if the Act is not applicable in your case, then it is at the discretion of the employer whether to issue it or not. Please determine if you are entitled to receive a payslip and if so, approach the law enforcement agency, i.e., the Labor Department in your area.

With Regards,

R.N.Khola

Hi Gaurav,

The issuance of a payslip was discussed somewhere in the APSHOPS Act or Payment of Wages Act. I am not sure whether it is mandatory. But when your employer is not able to issue your payslip, try to understand the problem. Are you on the company's payroll?

If your manager still doesn't issue a payslip, ask him to issue a salary certificate, which may serve your purpose.

Regards,
Vishwanath