Salary deducted inspite of serving two months notice period
Kajal Das
(Querist) 08 February 2010
This query is : Resolved
Dear Sir or Madam,
I submitted my resignation on 31st of August 2009. My ex-company generated my last working day as 30 October 2009.
In final settlement they deducted my one day salary from my offshore and one day salary from onshore. The reason was given my ex-company that October month had 31 days and my last day of working was 30th october 2009, and hence they deducted my one day salary.
The rule of ex-company says, an employee must serve 60 days of notice. In my case, I suffice the rule and should get my full salary.
Could you please advise?
Regards,
Kajal Das
Sarjooram Sharma
(Expert) 08 February 2010
If 60 days notice is as per rule of the company, the company is right. You have to seek whether the company is a commercial establishment under shops and commercial Act, rule of standing order is applicable or rule of Section 25F or 25 N of Inustrial Disputes Act is applicable on the company. Without looking all the aspects, I can not answer whether 60 days notice is necessary or not?
Kajal Das
(Querist) 09 February 2010
Dear Sir,
Thanks for your reply. In fact , I was working for a Software company. I served complete 60 days notice from 1st Sep to 30th Oct 2009, but inspite of serving 60 days, my ex-company deducted one day salary for the month of Oct 2009. According to them October month had 31 days and 31st October was Saturday.
My October month salary was calcuated as :
X salary/31 days = Per day amount
Per day amount * 30 days = Salary amount.
Please advise.
Regards,
Kajal Das
