Deduction of salary due to not completing notice period

Jotiba (Querist) 30 June 2016 This query is : Resolved
Hi All,

I was appointed by a private limited company in Pune. My appointment letter sates that If employee resign his/her job after working 5 years, then he/she has to complete the notice period of 3 months otherwise company will deduct amount of notice period from his/her salary. Now I left the company after completing 1.5 months of notice period and company deduct my 1.5 months salary saying that you have not completed notice period.

But I was written in my resignation letter that "I understand that my notice period is 3 months but I would like to leave the company in 1.5 months." The company accepted my resignation letter with notice period of 1.5 months and they relieved me after 1.5 months.They didn't even discuss about notice period but they deduct from my salary.

I request to experts, please suggest, is there any chance to get back my deducted salary.

Thanks and Regards

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Guest (Expert) 30 June 2016
Dear Jotiba,

There was no need to discuss with you about notice period or to recover the amount in lieu of the period short of notice priod, when every thing is in specified black & white.

However, you could have requested for waiver of the notice period by the competent authority. But that was also dependant on the discretion of the authority to accept or reject your request.

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

Jotiba (Querist) 30 June 2016
Dear Sir,

Thank you for your reply.

After understanding the company policy, I was requested them to leave in 1.5 months and they were agreed for that, but still they deduct.

Can I ask this question to them?

Will this help for me?
Thanks & Regards

Guest (Expert) 30 June 2016
Nobody can prohibit you to ask question, you like, to your company.

Kumar Doab (Expert) 30 June 2016
>>> Expert Mr. P.S.Dhingra has already replied to the query posted by you.

You could have drafted the notice in consultation with your able counsel so to put your interest before employer and defend it.

The employer has duly acted on notice of resignation submitted by you.

>>> While initiating such query the author should post full information so as to opine if the notice period of 90 days inserted by employer in private agreement drafted by employer and signed with employee......................e.g; appointment letter, contract of employment, HR policy etc etc ..............

e.g;

Have you been issued with appointment letter? ( Noted; you have been provided with it)

What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?

You were in which state (Noted; Pune/Maharashtra)?

What is this establishment; Commercial/Industrial ( Mere mention of Pvt Ltd company is not sufficient)?

What is its line of business e.g; IT company?

Does it have Certified/Model standing orders and does it apply to your designation? ( If yes confirm it is (Model/certified).

Are you a member of employees/trade unions?

What was your last drawn salary in Rupees?

You were under probation/confirmed?

Has it been supplying salary slips ( at least a day before date of payment of wages)?

Did you get salary slips of all months, acknowledgment of notice/final resignation and acceptance, FnF statement showing computation of all payables by company e.g: wages/bonus/leave encashment/incentives/reimbursments etc and all payables by you e.g; notice pay and net amount payable by company or you, PF a/c number and a/c slips, ESIC card,Form16 as per correct FnF statement , service certificate, relieving letter (with good comments), NOC/NDC, handover of charge/assets etc?

You have worked for how many months ( Noted; 1.5 years) ?

How many persons are employed in it currently and what was max. no. at any time?

Has your FnF been settled by old company?

Were you asked to handover charge/assets by old company?

Why is has kept long period of 5 years for imposition of long notice period? have you signed any service agreement? If yes the service agreement was drafted in lieu of what favor by the company to YOU?

We are trying to help you.

So post reply to all points, pointwise.