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anzaroma   21 July 2015

Salary during notice period

Hi,
I resigned from my current employer (a private ltd. company) on 11th of July and currently serving notice period which as per the service agreement is 2 months. On the day of resignation, in a conversation with my boss (also the MD) I expressed a desire to get relieved early as this option was providedby the management only stating that the job fit is quite low in my case. The boss told me that he would talk to my immediate manager and the person replacing me after which he would tell me a reliving date. I'm still awaiting a reply after more than a week. Our salary day is 21st of a month, I have following queries:
1) From the past instances of resignation of my colleagues, I have come to know that the company does not pay during the entire notice period (2 months) and includs in the final settlement ( which happens after 6 months or later).  If I choose to buyout my notice period, should I pay my salary to the company eventhough I know they don't pay the employees during the notice period? 

2) They have not paid me for July ( from 21st June to July 21st) , so even if they have decided not to pay me during the notice period, technically it should start from 11th of July and not for the complete month (and I should be paid for the time between 21st June to 10th July)..right?

3) Is there a law or act which I can state the HR while settling the dues?  in my service agreement it is not mentioned that the company does not pay during the notice period. 



Learning

 2 Replies

Kumar Doab (FIN)     21 July 2015

In such  case you may not tender notice pay.

The notice period of 60 days may not necessarily be applicable to you!

 

Have you signed a service agreement? If yes do you have the copy? This service agreement was drafted and signed with you in lieu of what extra ordinary favor by the company e.g. some expense on some certified training from certified Instt? Did you attend class room or worked like a regular employee during training and fetched revenue/profits for the company?

 

Have you tendered notice of resignation/resignation with immediate effect?

Did you mention notice period in terms of no. of days/LWD in notice/resignation?

Do you have its copy, proof of dispatch, delivery, and acknowledgment by company, and acceptance?

 

From your post it can be made out that you are not properly informed and is not member of any employee’s/trade unions. The employees in your company have not formed any ‘Works Committee’ (that is an authority as per ID Act and President is from employee’s side), GRC/IS/GUILD etc and have not affiliated with trade Unions e.g. CITU/INTUC/AITUC/BMS etc………….

 

The employee can lodge a complaint the moment payment of earned wages is delayed even if by a day and employer can be penalized say Rs.7500/instance.

 

Instead of making all verbal communications it shall be better to write preferably by letter thru Redg. Post to appointing authority/MD…………………or atleast from personal email id (or forward emails to personal email id) ………………………………mentioning that you have submitted notice of resignation dated………………..and notice period tendered by you is ……………days …………….and your LWD is dated…………………and the notice pay as per correct notice period applicable to you and correct rate of notice pay be adjusted in FnF statement and FnF statement (showing earned wages/payouts/salary/bonus/leave encashment/incentives/reimbursements/etc) be supplied to you for verification and acceptance within LWD alongwith service certificate/reliving letter/NOC-NDC/Form16 as per correct FnF statement, salary slip of each month,PF number with a/c slips,ESIC card……………………..and to whom you should handover the charge under proper acknowledgment on the spot………….within LWD.

 

If the FnF statement is not correct you may not accept it in writing.

 

There are many threads with similar queries that you may find relevant e.g;

 

https://www.lawyersclubindia.com/experts/Notice-period-548856.asp#.Va5FvLV-jMo

 

https://www.lawyersclubindia.com/forum/Full-final-settlement-not-paid-by-previous-employer-124191.asp

 

https://www.lawyersclubindia.com/forum/Pending-salary-fnf-124199.asp

https://www.lawyersclubindia.com/experts/Premature-of-bond-549056.asp

https://www.lawyersclubindia.com/forum/Pending-salary-fnf-124199.asp#.Va5FEbV-jMo

 

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

You may follow the advises rendered by expert Mr. Kumar Doab which seems to be more appropriate in the given situations. 


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