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Author Topic: Does the employer has right to hold the salary of an employee in case of resign?  (Read 668 times)

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Offline shardool

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Please help me to know, whether an employer has right to hold the salary of an employee? If yes then is there any restriction related to number of days whose salary the employer can hold and for how long he can hold. In my company, 1 month is the notice period and 45 days for final settlement after last working day in company. In this way, he will be holding my incentives of earlier month, current month salary and salary of notice period.

Offline riteshmaity

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If you have served your notice period of 1 month (as per your terms and conditions) the company cannot hold any salary at all. The salary has to be paid within 7th to 10th of the next month i.e. for the month of june, your salary has to be paid within 10th of july.

Depending on your tenure of service and other details, you are entitled to full and final settlement.
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Offline rahinn

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Hi sir,
 I am an Employee. I need am advise on my termination from my company. I was told due to uninformed leave i was terminated and they will not be even providing me with the salary that i have worked and relevant documents too. After this step i am mentally disturbed and cant even think about my next step. So, if you will be able to help me . whether i am eligible to get paid or not for the number of days that i have worked for the company.


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I worked in a Delhi, based educational institution for more than 2 years. But at some moment i faced mental harassment in office which was forced me resign my job.  I want to mention that our salary date is 1st day of next month. I worked there till 13th of next month after sending resignation mail but they intentionally held my salary. they didn't give any reply nor i got any clearance from the Superior and i bound to leave job. After that neither any official communication i receive for leaving the job nor they clear my full & final settlement .i.e. PF settlement & previous month salary. Now after a long time i got reply from HR that they did this as i don't give them notice period of 1 month. Please suggest what can i do?


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