Labour Law

To receive wages is the right of an employee under his service conditions as well under the statutes, whereas prior to resignation giving notice is an obligation under the contract between him and his employer, which is civil consequence. Thus in case, the salary of an employee is withheld on the ground that he has not given any notice prior to his resignation amounts to violation of statutory provisions, as such he has a right to claim under the law and withholding of salary on account of notice period shall be illegal. In case, employer want to enforce the provisions of contract, he has to file suit for breach of contract in the Civil Court. He can not with held the salary/wages on this score..