Can Employers Withhold Salary for Missing Joining Documents? Let's Discuss Your Rights

Dear all, I have a question: can an employer stop paying salary due to non-submission of joining documents? Please let me know.

Hi, no one can hold your salary in your case. Please refer to the Payment of Wages Act, Section 5.

It depends on HR policy and standing orders, as well as the conditions mentioned in the offer letter.

It depends on the HR policy and the terms and conditions of the appointment letter. But why are you asking such a question? You have already provided your qualifications, work experience, and address details in your resume and during the interview. The HR team will request the necessary documents, and if you are unable to submit them, they may assume that the documents or letters are fake.

With regards,

Yes, an organization can hold a salary. Completion of joining formalities is mandatory. The information shared at the time of the interview has to be evaluated and assessed for authenticity. Even if the documents are fake, not all organizations would conduct a check on the authenticity of the documents. They could simply verify that there is a supporting document for every piece of information in the CV. So, yes! You can hold the salary for a candidate who has not submitted documents. In fact, now a PAN Card copy is being made mandatory in some organizations we have serviced. Without it, the salary is not credited to the account. The person must at least initiate the PAN card application process and submit the slip.

We are working with a vendor and have placed our staff on their payroll. We are paying the salaries of these employees as per the invoice generated. However, the vendor is holding employees' salaries due to the non-submission of documents, such as ID proof or address proof. Is this legal?

Are you saying that your contract with the vendor was made without our organization checking if the candidates' documents are in place or not? You are at greater risk if the individuals working as contract staff perform a blunder that is in the category of 'irreparable'.

Contractor Management and Compliance

Next time, do not tolerate a contractor who has not performed the joining formalities properly. Also, you should not clear contractor payments for the following month unless he gets their formalities completed or asks him to replace them with new staff.

They are his staff. He can hold payments for his staff if the joining documents are not in place. He could as well terminate their services.