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Withholding salary and experience letter


02-Mar-2023 (In Corporate Law)
My Wife put down her papers and asked to reduce the notice period since our mother was sick in our hometown. Relieving letter was given to her and she was let go. After our mother was well we came back to Mumbai and she got a new job ,Now they are holding her salary stating you did not serve the notice period
Answers (2)

Answer #1
575 votes
Hello,
If you have a valid documented proof in writing that you have give them the notice would like to know more in detail what was the content of the notice which will help me to tell you whats the next step you can take.
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A government employees salary cannot be held back unless he or she is absent from work or suspended. Even if the employee is suspended, a subsistence allowance must be paid.

Can salary be kept on hold?

The employer may put the salary on hold if the employee has consented in writing. The employer can also withhold the salary of a worker who does not follow the notice period stipulated in the employment contract.

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What is salary withholding? Some employers withhold pay from employees due to poor performance. It is illegal, as workers are entitled to receive their wages for all the work and time they spend. As long as an employee reports to work, he is entitled to his compensation.

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Withholding is when you pay a portion of your employees salary or other payments directly to the employer.

  
Answer #2
822 votes
You can either lodge a complaint against the company under Sec 420 of IPC or file a Summary Suit in Civil Court & as such, you can claim compensation along with Litigation Cost & Interest in lakhs. Just you have to take an initiative.
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