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Sanjay D (hgf)     23 April 2012

Salary during notice period

Hi expert,

I have resigned my organization on 13th of april and notice period is 90 days. I would like to know

1.whether I will get my salary during notice period of 3 months or not?

2. how many months salary can company hold legally during notice period.



Sanjay D


 3 Replies

Deepak Nair (lawyer)     23 April 2012

The Company will not hod your salary for all the 3 months. if it holds, then it is illegal.

You will get your salary as you get in normal course.

But, if you resign without serving the notice period, then the company is entitled to recover the notice pay.

Kumar Doab (FIN)     23 April 2012

Mr. Nair has given valuable advice. Kindly follow it.

Company may hold last month salary and may disburse it in FNF settlement.

In your case if you have tendered notice of resignation and has mentioned notice period/effective date of resignation in your notice of resignation, then you have notified the company about exact last date  in office.

Company should settle the a/c and pay the wages on last day in office or within next 2 days. You may study the SE act applicable to your state. You may obtain certified standing orders of the company, employee rule book.

You may submit a gentle representation addressed to good offices of your appointing authority, MD, with a copy to Head-HR, by letter thru.redg post and mention that your last day in office is dated............and on this day your FNF settlement, final FNF statement, final amount of dues payable to you should be handed over to you by a bank DD favoring you payable at location................ along with acceptance of resignation, work experience/service certificate, relieving letter,form16, attested copies of PF withdrawal/transfer forms ( you should decide you want to transfer or withdraw), NOC/NDC etc.You may ask to whom you should handover the charge and company property under acknowledgment.You may enclose from your own record a statement of payables by company to you and  payable by you to company and ask the good offices to supply you a copy of varified list. If anyone in line management/HR has stated verbally or in writing that you shall not be paid salary during notice period every month, you may lodge your protest to good offices and request to intervene and ensure that the salary is paid to you at once.

1 Like

Khushbu Parik   11 October 2018

Hi Mr. Nair, can you please tell us which law protects employee if employer holds salary during the entire notice period?


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