What to do if employer refuses salary and relieving?
I resigned from my organization two days ago with a one-month notice period. While I am ready to serve the notice period, the employer is forcing me not to come to work from the next day. However, they are refusing to provide me with a relieving letter, saying they will relieve me only after one month. They have also withheld my salary for the month of June. I told them that if they do not want me to come to work, they must relieve me immediately and clear all my dues, but they denied my request. I am still serving my notice period and reporting to the office, but they are unresponsive and have not paid my June salary.
As per the provisions of the Payment of Wages Act, 1936, employees are entitled to the salary that has been envisaged in the employment agreement. Hence, your employer cannot arbitrarily withhold the salary that you are rightly entitled to. Similarly, with regard to the relieving process, the employment agreement must be complied with. If the provision of a one-month notice period has been included in the agreement, the employer cannot put you in an unfair position by withholding the relieving letter and not letting you work at the same time. Take up your grievance by filing a complaint before the labour commissioner, specifying all relevant information regarding the employment arrangement.
The employer withholding the relieving and not letting you to work during the notice period amounts to constructive termination. You can proceed against this arbitrary decision by filing a complaint with the Labour Commissioner, along with which you can send a legal notice to your employer demanding payment of salary as per the terms priorly agreed upon, and requesting immediate action with regards to the relieving process.
If the company does not want you to work during the notice period, they must relieve you and clear all dues. You can send a legal notice asking for your salary and relieving letter. If they still do not respond, file a complaint with the Labour Commissioner or take the matter to court. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
