Company breached pay terms first, can they still enforce notice period?

[User_038ddd64]

U

User_038ddd64
PARTICIPANT
April 24, 2026 at 9:51 am

Hi all, need quick advice on a labour law issue in India.

I resigned after my employer:

Deducted part of my March salary (paid in April) without prior written notice

Said it was due to company losses and “temporary,” with no timeline or written confirmation

Delayed incentives

All of this was communicated verbally.

From my understanding, this may violate the Payment of Wages Act, 1936:

Section 5 – Timely payment of wages

Section 7 – Only authorised deductions allowed

Sections 8–13 – Define specific permissible deductions (none include business losses or arbitrary salary cuts)

Since this was a retrospective deduction of earned wages, I resigned immediately. Now they’ve deducted 1 month notice pay in my Full & Final settlement.

My question:

If the employer has already breached wage payment laws, can they still enforce notice period recovery?

I’ve raised this on Samadhan & CPGRAMS but no progress yet.

Any clarity would really help. Thanks!

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