Salary kept on hold after submitting resignation - full and final settlement will be processed after 45 days

Hi team, I have submitted my resignation at my current organization on 25th August. The notice period is 45 days. As soon as I submitted the resignation, my salary was kept on hold, and I did not receive the August month's salary. The payslip was generated, but the salary was withheld. They are not even releasing a partial amount to manage my basic needs. I don't have money to even eat food .

They will release this held salary (August + September + 9 days in October) with the full and final settlement, so they are holding my 70 days' salary. The full and final settlement will be processed after 45 days from the last working day, it seems. 45 days from October 9th (70 + 45) equals 115 days. I will be struggling with hunger by then. I am a married man and need to take care of my family.

I have been working here since 23rd August 2021. I appreciate your time and response.

Regards,
Mohan M

Did you copy and paste whatever is written here in an email sent to your HR Manager or the Managing Director? Then you would have received at least a part of your salary, I presume, because when you say that you will die of hunger, naturally, the employer should react.

Legal Obligations Regarding Salary

Legally, your salary cannot be kept on hold. However, it is a common practice of private establishments to hold the last month's salary until NOCs are received from the departments. The process will start at least two days before the exit of the employee itself and will be initiated by the employee by collecting NOCs from different departments. Under no circumstance shall the F&F extend to 45 days of exit! It is a bad HR practice if your date calculations are correct. Legally, it is to be settled within 24 hours, and in the case of gratuity, it should be paid within 30 days.

Advice for Immediate Action

It is advisable to speak to the RO or the HR person and ask them to release the last month's salary or a part of it, keeping the balance to be paid on F&F.

Hi Mohan, you should contact your HR department or the appropriate authority within your organization to explain your urgent financial needs and request the release of at least a partial amount of your salary to cover basic expenses. Make sure to mention your family's reliance on your income.

Additionally, inquire about the possibility of expediting the full and final settlement process, given your dire circumstances. Stay polite and professional in your communication to increase the likelihood of a favorable response.

If your organization does not provide a satisfactory resolution, you may want to consult with a labor or legal expert to explore your rights and options in this situation.