How Can I Handle My University Employer's Unlawful Salary Demand During Resignation?

I am employed with a private university as an Assistant Professor at CVM University Vallabh Vidyanagar, Gujarat. I tendered my resignation on 30.08.2022, and as per the private university's norms, they wish to relieve me on 15.10.2022. However, I have clearly mentioned a one-month notice period, as I am still in the probation period. In the meantime, I have already scheduled to join another institution starting from 1st October 2022.

It is now apparent that the employer is seeking 15 days of salary and attempting to extract it without authorization and unlawfully. Although I have requested verbally and in writing to the management, my efforts have been in vain. What should I do now?

Location:
Gandhidham, India

City-India-Gandhidham, Country-India, Assistant Professor, Probation Period, Educational Tribunal

Understanding the Situation

It's crucial to address this issue promptly and effectively to protect your rights as an employee. Here are steps you can take to address the situation:

1. Review Employment Contract and Probation Terms
- Carefully review your employment contract, specifically the sections related to notice periods, probation terms, and any clauses regarding salary deductions during the probation period.

2. Seek Legal Advice
- Consider seeking legal advice from a labor law expert or a local employment tribunal to understand your rights and the legality of the employer's actions.

3. Communicate Clearly with the Employer
- Continue to communicate with the management in writing, emphasizing your adherence to the one-month notice period and your scheduled start date at the new institution.

4. Document Everything
- Keep records of all communication with the employer, including emails, letters, and any responses received regarding the salary deduction issue.

5. File a Complaint
- If the employer persists in deducting your salary unlawfully, you may consider filing a formal complaint with the appropriate labor authority or tribunal.

6. Consider Mediation
- Explore the option of mediation to resolve the dispute amicably and avoid escalating the situation further.

7. Prepare for Legal Action
- If all attempts to resolve the matter fail, be prepared to take legal action to protect your rights and seek appropriate compensation for any unauthorized deductions.

Remember, it's essential to act promptly and assertively to address this issue and protect your rights as an employee.