Can My Husband's Boss Legally Withhold His Salary for Job Hunting? What Can We Do?

Dear all,

My husband has been working in the print media industry for the last 10 years. Now, he has received an offer from another company in the same industry. Unfortunately, this information was disclosed to his current company. As a result, his current boss has withheld his salary for the month of July. However, my husband has not submitted his resignation yet. I just want to know, can his current employer do this? What should we do to receive the salary we have earned? Can we approach the labor commission for assistance? Please suggest.

Arti Srivastava

Dear Arti,

Assessing Applicability of the Industrial Disputes Act

What is the designation of your husband? How many people report to him? This information is important to assess whether the provisions of the Industrial Disputes Act, 1947, apply to him.

Addressing Salary Withholding

No employer can withhold salary, as this is against the Payment of Wages Act. He should find out the Labour Office of the area in which his company is located. He may report the matter of non-payment of wages to the Labour Officer and seek his advice.

P.S.: In the public forum, there is no place for informal language.

Thanks,
Dinesh Divekar

No, there is no right to withhold the salary of an employee without proper reason.

Hello,

Generally, all industries follow a similar practice of holding the latest month's salary and releasing it as part of the full and final settlement. Employees usually have two options in such situations. They can either request time from their new employer to sort out the settlement with the current employer or choose to forgo the pending salary if the new opportunity offers greater benefits. It is advisable to make a firm decision and avoid any regrets in the future.

Best wishes,
kpn

Dear Arathi Shrivatsav,

From your letter, we can presume that your husband has not resigned from his post. Let him make a firm decision. If he wants to leave, let him resign, and he will receive his full and final settlement along with his salary dues. The employer shall not have any right to withhold an employee's earned money, no matter what the reasons may be. Now, you decide.

Adoni Suguresh
Labour Laws Consultant.