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Sandip Samanta (Self Employed)     21 May 2012

Salary of notice period

Dear Sir,

 

Recently I've resigned from my job as a confirmed employee and my resignation got accepted immediately. Though I've mentioned my intention for serving my Notice Period of one month in my resignation letter, but my employer didn't say anything about that and I got immediate release from my job.

Now after 60 days of my resignation at the time of F&F Settlement my employer is denying for my salary for the period of my notice period. According to my employer "It's company's discrition whether to accept your Notice Period service or not. As the company didn't accept your notice period service, company will not pay your salary of Notice Period".

 

Now I want to know whether this is justified or not.

 

Please guide.

 

Regards,

 

Sandip.



Learning

 4 Replies

Vijay Dubey (HR)     21 May 2012

Dear Sandeep, You didn't mention that you actually served the notice period or not. there are ambiguities in your n your employer's statements. Plz. go through your appointment terms mentioned in your appointment letter 1st. then think over it again and sought for help. Regards Vijay Dubey

Kumar Doab (FIN)     21 May 2012

It is felt that if employee has mentioned in notice of resignation the notice period or effective date of resignation and if the employer accepts before  effective date of resignation, employee can agitate and term it as illegal.

It is upto the employee to accept notice pay and drop the matter amicably.

The approach of emploer is strange.Has the employer made this statement in writing"It's company's discrition whether to accept your Notice Period service or not. As the company didn't accept your notice period service, company will not pay your salary of Notice Period".

 Who has signed this statement?

 

The notice period is for enabling the employer to settle the exit process, designate replacement, and for the employee to firm up future venture and cooperate with employer and complete the exit process.

Did you remain idle after immediate aceptance of resignation?

You may not sign acceptance of FNF statement declare it wrong and if any payment is disbursed, you may encash under protest.

You may approach a competent and experienced service lawyer with all records, give inputs in person and submit carefully structured representations.

Mandar (Accountant)     22 May 2012

Dear Sir,

I worked with a pvt. co. as accountant. My joining date was 08.03.2010. I gave my resignation on 14.04.2012. I give my resignation to intimate them. I was not confirmed employee of that company. So, there was no notice period for me. On 12.04.2012 i left the office due to over burden of the work without intimation. I take holiday on 13.04.2012. Then on 14.04.2012 i joined office again & gave my resignation letter to our director of the company. They accept my resignation. I handover my cash transaction to my coligues. The director of the company didn't give me experience letter & salary certificate to me. In the month of april i.e (in may's salary), increment of the employee's was done. 

Director of the company is not ready to give me my 14 days salary & two months conveyance i.e March & April Can i send a notice to them for non payment of salary & conveyance? Can i tell them to make my salary payment with increment effect? 

Please Answer Immedately.

Sandip Samanta (Self Employed)     22 May 2012

Dear Mr. Dubey,

 

Thanks for your reply.

 

Though I mentioned my intention to serve one month notice period in my resignation letter, but within 2 days of my resignation; my official mail ID & official cell phone connection got blocked. As a result I could not serve my notice period. After 7 days I mailed to my employer from my personal mail ID about my notice period and they said they'll let me know about that. And they didn't inform me anything about that even after 60 days of my resignation. When I claimed my salary for one month notice period; my employer said (over telephone) that "It's company's discrition whether to accept your Notice Period service or not. As the company didn't accept your notice period service, company will not pay your salary of Notice Period".

 

Regards,

 

Sandip.


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