Employee salary issues
Vicky
(Querist) 17 May 2008
This query is : Resolved
Dear Sir/Madam,
3 of us working in E commerce company in Bangalore, have presented our resignation on the 14th of May and the notice period of 1 month has been agreed by us. Accordingly we shall be leaving on the 14th of June. But as per our company's HR, the policy states that we shall not be getting the salary of the month we presented our resignation and the same shall be credited along with the payment of upto june 14th only on the end of June. We would like to know if the same is true according to law and also let us know if the leaves which we have accumulated can be adjusted for the notice period. Regarding the salary part, the company have not informed us at the time of joining. Kindly advice us if the above conditions put by the company are legal in nature or if there is any discrepancy in the same. In case there is any discrepancy, please advice us how do we proceed legally. Kindly help us on the above issues.
Thanking you
david vijaykumar
(Expert) 17 May 2008
1.You must have been employed and appointment letter delivered to you setting out the conditions therein. Generally these and company rules subject to observance of labour laws in force rule the roost. In case of difference between company rules and labour law enactments, the law only shall prevail and company rule will have no validity.
2. When you served the notice period, the question of deduction of salary does not arise and company cannot deduct your wages.
3. Deduction of wages are allowed inlieu of notice period. In as much as you have served the period of notice, the company is not entitled to recover your wages.
4. In case, your company persists in recovering your wages for the period you have worked, please lodge complaint with the Regional Labour Commissioner of your area for getting your salaries back.
5. You are also entitled to get back proportionate bonus, PF recoveries, service gratuity, etc., from the company. Please pursue with the HR Dept. of the company first by giving letter and obtain acknolwedgement. If nothing is happened in a period of a month, you are at liberty to lodge complaint with the RLC/ALC of your area for necessary assistance.
H. S. Thukral
(Expert) 18 May 2008
When an employee resigns from the job and the resignation is accepted expressly or impliedly, there is symbolic end to employer-employee relationship. Employer has to settle the account of the employee and usually clearance from all the sections is taken to know whether any working tools are not with the employee due to leave; whether any advance is not taken against the salary or otherwise for trevelling purposes etc. Its natural that the payments subsequent to resignation be put on hold. There is nothing unusual or illegal about it. Accumulated earned leave can, if the service conditions permit, be adjusted against the notice period but if there are no such rules and employer insists that the employee should work under notice period to enable the employer to find alternatives, he would be justified in doing so.
