Notice period and salary hold
Shivam
(Querist) 03 June 2014
This query is : Resolved
Hi expert,
I have resigned my organization on 24th of May 2014 and notice period is 30 days. I would like to know
1.My Manager had still not confirm the acceptance of resignation letter, and Salary for month May 2014 is hold by my organization (Which is received at starting at June 2014). Is this legal?
2. What is the option available for short notice period.
Please help me ASAP.
Thanks in advance.
Kumar Doab
(Expert) 03 June 2014
Although the notice period in appointment letter is 30 days how much notice period is tendered by you?
1. Resignation can be without permission and acceptance. Your manager may not be competent official to accept resignation and may just be forwarding to competent official e.g.; appointing authority, MD etc.....
Resignation should be ideally submitted to appointing authority, MD preferably by redg. post.
YOU can submit the copy to appointing authority, MD with acknowledgment/POD of the copy submitted to Manager and affirm that NO TASKS are pending at your end as on date and routine duties be assigned that can be completed within and upto expiry of notice period tendered by you and to whom you should handover the charge (under proper acknowledgment on the spot).
Salary has to be paid on usual pay day or the employer can be penalized.
2.If Notice pay in lieu of notice period is inserted in appointment letter, contract of employment then it can be the max. amount.
If employee has left unfinished tasks that can cause financial or some other loss then employer may emphasize upon employee to serve the notice period.
Notice period/pay is part of service conditions that may not necessarily be dependant upon T&C inserted by employer in appointment letter/contract of employment drafted by employer.
What is this establishment: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
You were located in which state? Does company have an office at your location?
Redg. office of the company is located in which state?
What is trade of this company: IT, Banking etc…..?
How many people are employed in it?
Do the standing orders apply to the establishment and does the company have its certified standing orders (CSO) and has it been extended to your designation or does the Model Standing Orders apply?
What was your designation and nature of duties…?
Has the company stated in appointment letter that service conditions shall be governed by say…………………..HR policy, service rules and regulations and do you have copy of .HR policy, service rules and regulations?
This info shall help, hence post it.
Dr J C Vashista
(Expert) 04 June 2014
Very well advised by expert Sh. Kumar Doab, I fully agree and appreciate.
Submit reply to the questions raised by the expert, in your own interest and clarification.
ajay sethi
(Expert) 04 June 2014
answer queries raised by Mr Kumar
Sankaranarayanan
(Expert) 04 June 2014
yes first give clarity to the question raised by sri kumar .
malipeddi jaggarao
(Expert) 05 June 2014
Unless we know the details of the organisation and its structure, it is not useful to give any reply.
T. Kalaiselvan, Advocate
(Expert) 06 June 2014
I agree with the opinions of experts, you may follow the advise of expert Mr. Kumar after clarifying his questions raised.
