maddy432 (ae) 24 August 2013

Salary settlement on post resignation

Dear Experts,

As per my company rule 1 month is the notice to be served from either of the sides (employee or employer) or 1 month salary should be costed. I have resigned on July 11th due to some personal issues which were well communicated to my employer and he agreed upon that and requested me to submit a resignation letter so that he can relieve me from the duties on the same day of resignation. I mean to emphasize, employer doesn't ask me to serve minimum notice (1 month). After the resignation I was expecting the salary for those 11 days of the month of July. But it is not credited to my account and there is no response from my employer too on this.

Please let me how to handle this situation to get my salary back (either 11 days or full month which is feasible)

Thanks,

Maddy

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2 Replies

Kumar Doab (FIN) 24 August 2013

Did you mention notice period in resignation letter? Do you have the copy?

Did you resign in writing with immediate effect?

It is almost certain that the employer has tricked you and without consulting elders in the family you have submitted resignation on the spot, without any notice.

Employee should never act in haste.

If you have submitted resignation with immediate effect then you may have to rather tender payment towards shortfall in notice.

Either you may request to waive off the notice period of 1 month in writing ( the best option), or succeed to get waiver for shortfall (and forget salary of 11 days)……………..

Or withdraw the resignation if it is not accepted and face the music as employer shall dazzle you with many steps he would take.

Are you member of nay trade union?

Would you approach a lawyer?

HIRAL THAKKAR (ADVOCATE ) 24 August 2013

If the appointment letter mentions the said terms of one month notice then you are liable for the same unless specifically exempted for special conditions. Further if your resignation is accepted with any write up from the employer then you can claim 11 days payment. Enter into correspondence in a tactful manner so that your resignation is communicated effectively and company shall be constrained to give away your 11 days salary. Don't forget to mark a cc to the Dy Comm Labour