regarding holding salary befo9re notice
Querist :
Anonymous
(Querist) 09 April 2011
This query is : Resolved
i am sr mgmt employee in a big corporate resigned on 2nd april 11,
i have following queries;
1.can my employer hold my march salary and if yes what can i do to overcome.
2.notice is 60days and began on 2nd april,i hav no issues completing notice or buy out of notice in case it happens.
My organization is known to hangon with final settlement fr more than a year , how long legally they can hold notice period salary.
3.can medical leav or sickleav allowed during notice period.
thanx
warm regards
Kirti Kar Tripathi
(Expert) 09 April 2011
from your query, it is apparent you were in the management position. thus you will have to file civil suit for recovery of money as under the law your employer can not withheld salary for the period you worked. according to you one year has already expired. now you have only two year for filing of the suit.
Devajyoti Barman
(Expert) 09 April 2011
Yes, I agree. That apart you can file criminal case as well to cause maximum impact to facilitate expeditious resolution ofn the problem .
Querist :
Anonymous
(Querist) 10 April 2011
Thanks sir
Let me put dates correctly
Date of resignation 2nd april 2011
To berelieved may 30th 2011
salary not released march 2011
Query what can i do to make employer pay march 2011 salary
Immediate supervisor refusing to sign march 2011 leave applications --can leave applications sent directly to HRD ok .
warm regards
R.Ramachandran
(Expert) 10 April 2011
Mr. Anonymous,
I am sorry, in spite of having been in Senior Managerial position, you are not appreciating the things in proper perspective and immediately grow an inexplicable grouse against the management.
According to you 60 days is the notice period. You gave the notice on 2.4.2011 which would normally end on 1.6.2011. But you want your relief on 30th April, which is less than 30 days notice period. If you want to be relieved on 30th April, naturally you have to pay one month's salary in lieu of the notice period. What is the guarantee that you will give the notice pay after 30th April? That's why they are holding the salary for the month of March 2011. What is the big deal?
Querist :
Anonymous
(Querist) 10 April 2011
Thanks sir , you took pains to answer my query but let me make an effort to put things in right perspective;
i am not asking revief by 30th april --i am ready to serve full time till 30th may --if you see my question i wrote 30th may (which is approx 2months as defined).
Question is not about notice pay as i know it comes with full and final settlement --the question is salary for march which has been released for other employees but not for me.
what can i do that i get my march 11 salary -for which i have right to get in april.
Its no grudge against management --its past history of many employees sr/jr that their final settlements are due as long as 18months--based on this i asked what can an employee do in such a case.
i highly regard your expert opinion on my query but it was my duty to put forth clarified situation.
warm regards
