While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 

What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state?

 
Since how many months you are working (Noted:20days)?

 
Do standing orders (model/certified) apply to establishment and your designation?


Are you a member of employee’s/trade unions?

Notice period during probation perido and/or Notice period of 30days  may not necessarily be applicable in your case.


Notice period, rate of Notice pay might be governed by various enactments that may apply in your case.

Originally posted by : Shivam Srivastava
	Dear Sir/ Madam, I resigned after working for 20 days and as per offer letter probation period is 6 month and notice period is 30 days, I didn't serve my notice period.Now they are asking me to pay one month salary to get certificates back. What should I do

What and which certificates you are refering to?

If you have secured alternate employment, join that job with peaceful mind, and pay one month salary to purchase peace of mind and to get the certificates.

What is priority for an employee is peace of mind, as it reflects on every activity present and in taking decisions.   Litigation is not the employee's cup of tea.

You did only 20 days work in the organisation. You did not serve notice period. So management need not pay your salary. But certifcates can be returned after verification from HR.No due certificates must be shown in HR. 

The notice period/pay is to apply:


--either by applicable enactments on employer/employee/establishment.


--or by appointment letter, contract of employment, agreement etc signed with employee.


If applicable the enactments shall prevail upon any private agreement that is drafted by employer and signed with employee.

Did employer demand to submit said original  certificates in writring in Job Advt, interview call letter, offer letter, appointment letter, service agreement etc etc and issue acknowledgment of having collected these from you?

Have you signed any service agreement, Bond?

You have posted that:

“Now they are asking me to pay one month salary to get certificates back”

Who are these persons whom you have referred as they: Line Managers, HR personnel, Manager/representative of employer that is duly authorized by employer or employer itself?

Or pay on verbal demands and get all of these and write under proper acknowledgment mentioning that as per applicable enactments the calculation in FnF statement is wrong and not accepted.

Or join other employment, clear BGV and reference check (get copy of these) and later write under proper acknowledgment mentioning that as per applicable enactments (the calculation in FnF statement is wrong……………if it is supplied, and/or notice period-pay is not applicable and not accepted and to refund the amount collected from you and pay earned wages of 20 days…………….

Your elders in the family, competent and experiendfed well wishers, employee’s/trade unions can help you draft and submit under proper acknowledgment, and help you to get back the amounts paid by you…………………..by their skills or by approaching;

Higher Officials in Dept. of Labor

Greivance Redressal Commitee

Inspector appointed under: Shops & Estbs Act’, Payment of Wages Act

Etc etc 

Or just pay and forget and bear the loss.

Do you want tgo bear the loss and suffer it!