Infosys had publicly declared that they'll roll out hikes retrospectively from October 23. When my team didn't give hikes till January, I resigned in January and started serving notice period. My team rolled out hikes the next week and put a condition that those serving notice will not get arrears also. Is it legal? They had publicly declared that the hikes will be effective retrospectively then how can they withhold payments to those who resigned later.

Ans: In my view, IT dept is correct in charging tax for DOT period.

Leave encashment received by Central or State Government employee at the time of retirement or resignation is fully exempt.

Accumulated leave of 117 of DOT period is encahsed when you retired from BSNL not from DOT, so in my view, provisions of exemption should not apply.

Ans: I’m sorry to hear that your wife is facing this issue. Withholding pay and increments without the employee’s consent is not legal in India. As per the Payment of Wages Act, 1936, employers are required to pay wages to their employees on time and cannot withhold any part of the wages without the employee’s consent. Similarly, as per the Payment of Bonus Act, 1965, employers are required to pay bonuses to their employees on time and cannot withhold any part of the bonus.

Regarding the bond for 2 months notice, it is legal for employers to have a notice period clause in the employment contract. However, the notice period should be reasonable and should not exceed three months3. If the notice period is longer than three months, it may be considered unreasonable and unenforceable.

Regarding the withholding of increments, it is not legal for employers to withhold increments without the employee’s consent. If your wife has not given her consent for the withholding of increments, she can file a complaint with the Labour Commissioner.

Regarding the separate agreement for withholding increments, it is not legal for employers to make separate agreements that are not disclosed to the employee. Employers are required to provide a copy of the employment contract to the employee at the time of joining.

I hope this information helps. If you have any further questions or concerns, please let me know.

Ans: Hello

When you joined the company I am sure this was dully mentioned in the letter and you also signed that.

Now you can cannot question something that you have already signed.

If you are yet to sign then it's upto you whether you want to join or not.

All the best

Ans: Dear Sir/ Madam,

It totally depends on the policy of the company. Please go back and check the policy. Speak to HR and understand how does it work and how can they help close this positively. When it comes to polices not much one can do. If they want to go a certain there is no or very possibility of you convincing them. Instead request them to help you to come to a win win situation.
Tip do not burn the bridges with anyone in the existing company.

Hope this helps

Thanks
Ashwini
www.ashwinidasgupta.com