Not able to serve one month's notice period - My organization kept my first-month's half salary as a security deposit

Hi,

My organization kept my first month's half salary as a security deposit. Now I am switching jobs and not able to serve one month's notice period. They are not willing to pay my one-month salary and security deposit both. However, I believe they can retain my security deposit only. What can I do in this case? Please guide.

Hi, in case you are unable to serve the notice period, you are liable to pay one month's salary to the organization. They cannot keep your security deposit unless it is mentioned in your contract.

Hi,

Holding salary is not legal. However, you are liable to serve the proper notice period as per the terms and conditions of your contract or pay one month's gross in lieu of the notice period. While the Employer may hold an amount equivalent to your notice period, holding anything in excess is not legal. You can make a request to release the salary with the employer. In case the employer refuses to release the same, you can contact the Labour Officer of your office jurisdiction for justice.

There is nothing like a security deposit unless you have a signed bond. The employee has to serve a notice period upon quitting the job or pay in lieu of that. In your case, that is not happening, so it would be wise to have a graceful exit. Once everything is sorted out (Relieve letter & BGV), you can send a notice claiming outstanding wages or non-payment of wages.

User input:

Need to read the terms and conditions of your appointment letter. Is there any clause mentioned for a security deposit and as well as for the notice period? If yes, then they can act as per the clause. Also, you need to serve the notice period as a good employee. If you have any urgency to leave the job, then you may pay the remaining amount.