If your former employer has withheld your salary because you did not serve the required notice period, you should take the following steps to address the situation.
Carefully review your employment contract or any agreement you had with your employer. Check if there are specific clauses or terms regarding notice periods, salary deductions, or any other relevant policies.
Reach out to your former employer to discuss the matter and seek clarification. Explain your reasons for leaving and inquire about their reasons for withholding your salary. Maintain a professional and respectful tone in your communication.
If there is room for negotiation, discuss the possibility of finding a mutually acceptable resolution. This could involve agreeing on a compromise, paying a penalty fee, or working out an arrangement to fulfill the notice period obligations.
Keep records of all your communications with your former employer, including emails, messages, or letters. These records can be important if you need to escalate the matter.
If you believe your former employer is acting unfairly or unlawfully, you may file a case against it for disbursal of salary and compensation. You should file that suit in the labour court. Arbitrarily withholding an employee’s salary without proper justification can indeed be a breach of labor laws. Labor laws in India are designed to protect the rights and interests of employees, and withholding salary without a valid reason is generally not allowed.
Your employer cannot make unauthorized or arbitrary deductions from your salary without proper documentation or agreement. Any deductions must be clearly communicated, and you should be given an opportunity to dispute them if necessary.
