My company has a one-month notice period. I resigned on the 5th of October and am completing my notice period, ending on the 5th of November. However, my September salary hasn’t been paid, and I understand my October salary will be paid 45 days after my resignation. Is it legal for my employer to hold my salary for 60 days, especially since my notice period is only 30 days? My employment contract doesn’t mention this, and I’m getting the runaround from my employer. Can you advise me on my legal rights in this situation?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › My company has a one-month notice period. I resigned on the 5th of October and am completing my notice period, ending on the 5th of November. However, my September salary hasn’t been paid, and I understand my October salary will be paid 45 days after my resignation. Is it legal for my employer to hold my salary for 60 days, especially since my notice period is only 30 days? My employment contract doesn’t mention this, and I’m getting the runaround from my employer. Can you advise me on my legal rights in this situation?
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Apni Law Staff asked 3 years ago

My company has a one-month notice period. I resigned on the 5th of October and am completing my notice period, ending on the 5th of November. However, my September salary hasn’t been paid, and I understand my October salary will be paid 45 days after my resignation. Is it legal for my employer to hold my salary for 60 days, especially since my notice period is only 30 days? My employment contract doesn’t mention this, and I’m getting the runaround from my employer. Can you advise me on my legal rights in this situation?

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Best Answer

Apni Law Staff answered 3 years ago

Under Indian law, your employer is obligated to pay you your salary within the stipulated timeframe, typically within a month of your work. Holding your salary for 60 days is unlawful, regardless of your notice period. You have the right to pursue legal action for non-payment and can consult with a labor lawyer to understand your specific options and proceed accordingly.

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