• Salary Hold

I am working in a limited company in DelhiNCR (Head Office in Mumbai)
I’ve not received my October salary till now, neither my ta/da reimbursement without any written notice or mail.
All the other employees had received their salary before Diwali ( salary date is between 10-15).
When I inquired the same with my coordinator, she said that your salary is on hold. Talk to your manager.
When I asked the same from my manager, he said that you are not working properly on your targets, therefore your salary is on hold and will be unhold when you will work properly.

My question is :
 Is it fair to hold the salary of an employee without any prior notice.
No mail, no written notice neither mention the same on my appointment letter.
Can I file a harassment case against my company!!??
Asked 6 days ago in Labour from New Delhi, Delhi

Employer can not legally hold your salary even if you are under performing.

 

You should serve a legal notice to your employerto repair the entire amount along with interest and compensation within 15 days of receipt of legal notice.

If they fail to do so, you can file a suit for recovery against them in civil court.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

1) it is not fair to hold employee salary 

 

2) send polite reminder to HR department of company that you have not received your salary for month of October 

 

3) if you dont receive November salary too quit the organisation 

 

4)if company does not pay your dues file summary suit against  company to recover dues with interest 

 

5) dont file any harassment case against company 

Ajay Sethi
Advocate, Mumbai
54250 Answers
3256 Consultations

5.0 on 5.0

The present dispute will be governed strictly in accordance with the stipulations contained in your employment agreement. Please refer to the same to learn if or not the company is empowered to hold your salary on happening or non-happening of certain events. 

In case it emerges that the company is not empowered to put your salary and other service benefits on hold, send them a legal notice immediately. 

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

No the employer cannot hold your salary. Further no due notice was give give a legal notice to the company asking for salary and compensation for the harassment .If they fail to provide same file a suit for same.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

 You can file labour complaint in labour Court under The Payment of wages act with other acts

But before issue a legal notice through an advocate. 

You can also file recovery of money suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

1) Management can't hold salary on performance basis you can file case against management in Labor Court regarding above issue under Industrial Disputes Act.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

Dear Sir, kindly note that your should take actions as per your contract of employment. To initiate the process you should write emails To the higher positions of your company and bring this salary on hold issue to their notice.

After you receive any communication from them, only then you can think of any punitive actions against the officials.

Mayank Sapre
Advocate, New Delhi
113 Answers

5.0 on 5.0

You can file a harassment case and your manager who has reported that you are not working properly and your salary should be on hold as soon as you don't receive any written warning letter from your office regarding this your salary cannot be stopped and you should be paid as the others on the same day.

Please speak to your manager again before you go for the legal action as after taking any further action you may not be able to work in a private organisation it is really difficult so please consider this again before before you go for any legal action.

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

1. No, it is not fair. 

2. You can file but note that it will then be difficult for you to work in the same company. See if things can work out by taking to the company otherwise go ahead and file the complaint. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

Yes it's illegal. They need to serve you a notice. You can file a labour Complaint against the said company after sender him legal notice

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

Not disbursing the monthly salary even after the stipulated time is an illegal act.

You can make a representation about it to the top management and demand salary.

You can follow it by a legal notice.

In fact you can even send your resignation because no salary no work.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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