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Company not giving salary before serving the notice period
16-Oct-2023 (In Labour & Service Law)
Hi I am working in IT industry and I singed 3 year bond. But due to not getting growth and best opportunity found. I resigned on 1-10-2018. And Company tell me to serve 2 month notice period. I am ready to serve but problem is company hold half salary of last month which is 1-09-2018 to 31-10-2018. they give me half salary and ask to serve two month notice period with half salary. After Completing 2 month notice period, they give me entire salary including last month salary. So I have to attend half salary of 3 month even if served two month notice period. Salary date is 7-10-2018. So please guide me what to do.
If it is not a condition that you have to give notice for 2 months and during the notice period you have to serve with the half months salary thn you can send legal notice to the company, through an advocate or you can make a complaint/nc to the local police station for breach of condition and fraud.. they will alos try to sort out the issues between you and the company.. otherwise it would raise court proceedings and during the proceedings also the court will try to settlement... If it was a government sector the issue can be raised to the concerned court or tribunals...
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You have to give the intimation latter regarding release the rest of salary to the management. Then after the salary not release then file a complaint before the regional labour commissioner for non payment of salary.
The management has not right to withhold the salary even if the person has resigned
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Adv. Hitesh D Katharotiya
Ahmedabad | 50+ Answers
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