Company withholding the entire notice period salary

Community Forums Legal Advice India Company withholding the entire notice period salary

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    • #767 Reply
      Mightyshravya5063
      Participant
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        Mightyshravya5063
        PARTICIPANT
        May 7, 2025 at 9:21 pm
        So I work in a startup in bangalore, joined last year.

        My Esops are supposed to vest in june, I resigned in April, I was okay with serving 2 months notice period (written in contract).

        They pulled out all kinda tantrums to increase that, for eg when I said I can’t serve three months, they said, we will release you before june (so that I don’t get the ESOPs)

        I eventually agreed to 3 months NP, now they haven’t released April’s salary (Payslip was released, but money not credited), when asked, they said all 3 months salary would be credited in FnF.

        Is this even legal (no mention of this in my contract), what are my options?
        Can’t survive w/o 3 months salary in Bangalore.

      • #771 Reply
        Lakshaymaster67
        Participant
          L
          Lakshaymaster67
          PARTICIPANT
          May 7, 2025 at 10:10 pm
          Yes, that’s generally how it works in a job.

          After you put down your papers, all payments are made lump-sum in a full and final settlement. This generally happens about 1-2 months after your last day at work.

          Try to apply for an advance from the company and see if that helps?

          • #774 Reply
            Brightthinker9189
            Participant
              B
              Brightthinker9189
              PARTICIPANT
              May 8, 2025 at 2:27 am
              No buddy, no co can block your monthly wages just because you resigned.

            • #773 Reply
              Brighthawk4837
              Participant
                B
                Brighthawk4837
                PARTICIPANT
                May 8, 2025 at 3:15 am
                Konsi company krti h aesa? Fnf is for last Gregorian month only.

                Lets say last day is 10 apr.. company only holds the salary for Apr for FNF.

            • #770 Reply
              Mightysana5089
              Participant
                M
                Mightysana5089
                PARTICIPANT
                May 8, 2025 at 3:45 am
                Lawyer here. What they are doing is not Legal. I would have suggested to proceed legally but I don’t want to agitate them by relieving you before June as you would lose your ESOPs. What you can do is create records. Send them emails asking for salary. Whatever you do, do it through email and a copy of those emails with you so that it can be used in future, if required. If you need any more advise, connect with me.

                • #772 Reply
                  Mightysmriti3638
                  Participant
                    M
                    Mightysmriti3638
                    PARTICIPANT
                    May 8, 2025 at 3:58 am
                    He’s already losing ESOPs because they’re letting him go just before getting fully vested

                • #769 Reply
                  Mightysana5089
                  Participant
                    M
                    Mightysana5089
                    PARTICIPANT
                    May 8, 2025 at 4:00 am
                    He is not. His notice period is 3 months. Which means his last day would be July. The esops would get vested in June.

                  • #768 Reply
                    Quickguy7276
                    Participant
                      Q
                      Quickguy7276
                      PARTICIPANT
                      May 8, 2025 at 4:41 am
                      Lawyer here.

                      – Does not appear to be legal. Notice Period does not mean complete severance of relationship with the Company. You still have to work and if you work, you should get paid, and you should get paid in time.

                      – Send written demands in Mail notifying them about the Salary. Submit that withholding salary dangerously puts you at peril and makes your survival difficult. Seek responses in writing only.

                      – if possible, you could consider not agitating before vesting of ESOPs. However, if survival itself becomes difficult, go legal.

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