Full n final settlement of salary after giving resignation without serving notice period
naina
(Querist) 22 May 2013
This query is : Resolved
Dear Sir,
If someone has given resignation due to Dress Code Policy which makes it mandatory to wear Western clothes and candidate is not ready to wear western clothes. And candidate has brought this to the attention of her HOD who suggested that she has to resign from the company with immediate effect if she can’t comply with the new Dress Code Policy. After this she has resigned from the company. Now her salary is on hold and company has told her that they are deducting fine against non complying with uniform policy of the company.And they are also deducting salary for Notice period recovery. What action an employee can take. Kindly suggest.
Regards
Naina
Raj Kumar Makkad
(Expert) 23 May 2013
Only notice salary can be deducted as per appointment terms and not any alleged fine for not complying with the dress code. As per latest law, no dress code can be got imposed upon the employees and thus the question of penalizing the outgoing employee on the same ground is not tenable before law.
Let the company decide what ever it thinks fit and thereafter do challenge it before court but accept the amount under protest.
naina
(Querist) 23 May 2013
Dear Sir,
But if resignation was given as per the demand of the HR department of the company and that time they have not told candidate to serve any notice period then how company can deduct any amount for notice period? Kindly reply.
Raj Kumar Makkad
(Expert) 25 May 2013
Notice period depends upon the initial terms of the appointment and no fresh term can be inserted at the time of submitting the resignation. Even if not told by management while giving resignation but if the term was existing in the contract of employment then the employee cannot take plea of ignorance or non disclosure by company.
