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Shine Nair   07 January 2019

Salary on hold

can a employer hold salary without giving any reason.

 Query : A) As per Indian law can a employer hold my salary without any given reason (Organised sector Public Ltd Organization) B) Till what time an employee must get his salary in a public limited organised company C) What are my rights as per Law in this situation


 4 Replies

Shine Nair   07 January 2019

What to do if it is a private hospital set up listed in BSE and NSE.

HIRAL THAKKAR (ADVOCATE )     07 January 2019

If it is a manufaturing company then factories Act will apply and as per the payment of wages act on or before 10th the salary should be paid. However your terms of appointment shall also disclose the the time within which payment should be done.

You can complain to Government labour officer for non payment of wages.



Kumar Doab (FIN)     07 January 2019

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?


Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?


Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement (showing computation of earned wages/bonus/leave encashment/incentives/reimbursements etc etc and adjustment of notice pay and final payout by employer/employee), acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge/assets, NOC/NDC……………etc etc , relieving letter?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN)     07 January 2019

The pay day is fixed.

The establishment muts not/cannot hold salary disbursment and might have held by writing to you.

Has establishment provided you with written communication on reason/ground?

If there is No justifiable reason establishment may become liable for interst/damages....


Do you want to give up your claim on Salary due to you?

There are many threads on similar query/related material  that you can SEARCH thru SEARCH option in threads, Articles, Files etc e.g;

Article under my profile;

“Employee is Entitled to Interest if Payment of Salary is Delayed !”


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