An employee resigned and served complete notice period, however the employer has withheld his salary of 1 month.

Response

As per your query , your employer cannot hold back your salary for the entire duration of the notice period, if your notice period is more than one month.

It is therefore advisable to first send a legal notice to the Human Resources department of the administration department of the university where you were working. In the legal notice all pay slips, appointment letter , resignation letter and other such document relevant to the employment must be attached. In the letter you must give them 7 days time to pay the said amount or else you would go legal.

If they do not reply to the above letter or they do not give a satisfactory answer , then you can approach labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued. However, this is for those employees whose salary is under Rs.8000.

If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort.

Reference: Order 37
Civil Procedure Code, 1908

A Suit for recovery of money is a civil remedy and acts as an effective tool to recover money from the defaulter. The suit can be established under Order IV of the Code of Civil Procedure 1908 (CPC)

202100250-20210041-12319

LAWAYZ-2023-702