Dispute Over Unnotified Salary Withholding and 90-Day Notice During Probation - Legal Advice Needed
Sep 05, 2025
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Employment Law
► Dear Members,
I need legal advice regarding an issue with my employer. My appointment letter states, “both parties should give prior written notice in advance,” but it doesn’t specify a notice period for probation employees. At joining, HR orally informed me the probation notice period was 15 days. After resigning, HR now demands a 90-day notice (same as permanent employees) and is forcing me to acknowledge a clarification mail imposing this retrospectively. They’re withholding my salary and exit formalities until I comply.
My mail to HR:
Before acknowledging, I need clarity on why my salary is tied to this notice period discussion. I was waiting for my salary as they didn’t inform me prior that it would be withheld, and they’re not answering my queries about why I wasn’t notified. Their only response is, “Please acknowledge the 90-day notice period first.”
HR’s reply:
We await your response on resignation terms for payroll and exit formalities. Full and Final settlement depends on acknowledging the 90-day notice.
Offer Letter (Probation):
“Probation for 6 months. You shall give prior written notice to leave; the employer shall give 7 days’ notice to terminate.”
General Terms:
“Resignation requires 90 days’ notice; early release is at the employer’s discretion.”
Queries:
Can they enforce a 90-day notice without a specific probation clause?
Is withholding salary without prior notice lawful until I acknowledge their demand?
Remedies (Labour Commissioner complaint, legal notice, civil suit)?
Do I have grounds based on the oral 15-day assurance?
Guidance appreciated.
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