Employee Resignation Dilemma: Can an Employer Withhold Salary Over Notice Period Dispute?

Employee Resignation and Notice Period

Request your advice on the following situation. An employee of a small real estate company worked for one month and resigned during the probation period, giving a notice of two weeks. However, as per the appointment terms, a 30-day notice is required during probation. He resigned from the job after working 30 days; however, the proprietor did not respond to his resignation or release him. Due to the lack of response from the employer, he handed over the work to his subordinate.

Currently, the employer has withheld his salary and is not responding to the employee. In total, the employee has worked for 30 + 13 days. Can the employee approach the Labor Department and demand his settlement? Can the employer hold the salary, stating that the resignation was not accepted?

Yes, an employee can ask for their settlement. Resignation not being accepted cannot be the reason for withholding the salary. If the employee has served a 2-week notice period, then the pending days of the notice period can be recovered from the employee, and the pending due amount for the employee should be settled.