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Holding salary in the notice period of a pregnant employee
16-May-2023 (In Labour & Service Law)
My wife is working as a graphic designer from last 1 year. she has put down her papers in the company on 24th April and mentioned that she will serve the notice period of 2 month to the company. on 6th May we found that my wife is pregnant and doctor has advised her to take rest and not to travel. due to heath issues my wife had to take 4 days of leaves when she returned to work she found that her salary is on hold and company refused to release that as they are not sure if she will serve her 2 months of notice period. I would like to know is that legal hold employee's salary when company has not informed about this in advance and nowhere written in their employee agreement. Also, can file a lawsuit against the company as my wife needs that money in her pregnancy. She has all the documents supporting her pregnancy and employment agreement too. Please advice as she is in tremendous depression due such a behavior towards her.
NO the said holding of salary is not legal at all,
Did she enter into an employment contract with her employer? If yes, then do share the details because it would contain a clause regarding resignation and payment of salary in lieu of notice period. If not, then she should immediately send a legal notice to her employer and demand payment of her dues and if her company then fails to pay then she can approach the appropriate labour court for redressal.
Did she enter into an employment contract with her employer? If yes, then do share the details because it would contain a clause regarding resignation and payment of salary in lieu of notice period. If not, then she should immediately send a legal notice to her employer and demand payment of her dues and if her company then fails to pay then she can approach the appropriate labour court for redressal.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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employer has no right to hold salary. According to payment of wages act 1936 , employer shall must made payment to his employee on or before 10 day of each month. as per the settle position of law such kind of action is breach of service condition and provisions of payment of wages act.so you shall approach to comissnore of labour or inspector under the act.
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