Can my company withold my salary if i resign without notice

EDIT : I should also mention that I had received a  official list containing my companies polices and the firstmost point was that all employee timings are from 10 AM to 6: 30 PM Monday to Friday with grace period of 10 minutes.

But almost everyday I did overtime for them till 8:15 PM 8: 45 PM and even 9:30 PM without any extra pay and was supposed to show up in office at the mentioned time and not be late. This is the reason I had to take 5-6 leaves since my duties at my home were getting ignored and thus have decided to resign from this office. Now company is threatening to withhold my salary for which I have already worked If I don't work for the notice period mentioned in offer letter.

When will they pay you the salary for December?  Keep quiet until they pay you December salary and then quit.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	When will they pay you the salary for December?  Keep quiet until they pay you December salary and then quit.

My fathers health has been getting worse every day now and I've had to ask for leave from my office but they have refused saying so many leaves are not expected. If I go to duty then I'll have to work overtime. Now when I offered resignation they're threatening to withhold my salary if I don't serve 30 day notice period.

It is quite impossible to keep quiet since company already knows that this employee won't be able to continue his services for long.

Hi,

I had tried calling HOD who conducted my interview and he is refusing to pick my calls and sent me message that he no longer wishes to speak to me. He is asking me to speak to company only but the catch is he is the one who conducted my interview and I had relayed my limitations to him only. So any meeting with company HR or owner without HOD's presence will be fruitless as all and any blame would solely be put on me.

I have decided to wait till Monday for a call back from HOD (which is not going to happen) and I'll mail them my resignation. But I believe company has decided to block my salary for December regardless I serve notice period or not. Is there anything I can do regarding this? Please help.

As already responded in illustrated responses in queries posted by you, you may look into the provisions of enactments that apply to establishment/employer/employee..

e.g; Shosp & Estbs Act

Generially speaking Work Hours=8/day, 48/week

Beyond which OT applies.

If you have evidence of being asked to work beyond office hours, then keep these safely.

At the same time ask in gentle and amicable manner to pay OT alongwith monthly wages.

Employee should ask/claim in reasonable time.

Employer should pay OT alongwith monthly wages.

Usually employer or IT’s attorneys in Line management/HR/Personel/Accounts/Admin claim that employee stayed in office on his/her own and/or to complete the unfinished pending work and OT is not payable.

For notice period/pay also go thru applicable enactments.

As an employee either you can establish that employer is unworthy of being employed with

or convince the employer to wave off the notice period

or establish that as per applicable enactments notice period/pay does not apply in your case.

Originally posted by : Kumar Doab
	As already responded in illustrated responses in queries posted by you, you may look into the provisions of enactments that apply to establishment/employer/employee.. e.g; Shosp & Estbs Act   Generially speaking Work Hours=8/day, 48/week Beyond which OT applies.   If you have evidence of being asked to work beyond office hours, then keep these safely. At the same time ask in gentle and amicable manner to pay OT alongwith monthly wages. Employee should ask/claim in reasonable time. Employer should pay OT alongwith monthly wages. Usually employer or IT’s attorneys in Line management/HR/Personel/Accounts/Admin claim that employee stayed in office on his/her own and/or to complete the unfinished pending work and OT is not payable.   For notice period/pay also go thru applicable enactments.   As an employee either you can establish that employer is unworthy of being employed with or convince the employer to wave off the notice period or establish that as per applicable enactments notice period/pay does not apply in your case.

Was waiting for your reply sir. Thank you for writing.

I have written a resignation letter to the CEO and informed him about my situation at home. Thanked him for the oppurtunities provided and asked him to clear my dues as that would help my situation financially.

You may pick detailed points from all threads initiated by you.

You may also consider points shared by Dr. MPS Ramani.

The notice period/pay may not be neccessarily applicable in your case.

IT is seen that your responses are maturing.

IT is good.

As an employee learn to handle the matters and become proficient.

Wish you the best.

Hello Sir,

I had sent the senior manager m resignation on 30 Dec 2018 and cited reason for the same and requested them to not withold my salary. The company has not even bothered to reply to this email. Also they did withhold my December salary as it is usually credited on 7th of every month. 

Since they have neither accepted or rejected my resignation, what could be the reason for withholding my salary (deducting for the leaves I had taken)?