Notice period

Shailendra Kumar Dwivedi (Querist) 10 August 2023 This query is : Resolved
Hi All,

I was appointed by a private limited company in Delhi. My appointment letter sates that If employee resign his/her job after working 1 years, then he/she has to complete the notice period of 1.5 months otherwise company will deduct amount of notice period from his/her salary. Now I left the company after completing 1 months of notice period and company deduct my 15 days 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 1.5 months but I would like to leave the company in 1 months." The company accepted my resignation letter with notice period of 1 months and they relieved me after 1 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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An employee resigned from a private limited company in Delhi after serving one month of a 1.5-month notice period. Although the company accepted the resignation and relieved the employee after one month, they deducted 15 days' salary. The employee believes the deduction is unfair as their resignation letter stated their understanding of the notice period and the company accepted it. However, experts suggest that the appointment letter's terms prevail, and the company may be within its rights to deduct the salary for the unserved notice period, as oral agreements or assumptions don't override written contract terms.

kavksatyanarayana (Expert) 10 August 2023
In my view, the deduction by the company is not against to the notice period.

T. Kalaiselvan, Advocate (Expert) 11 August 2023
If your employment offer letter contains the rules that you are required to serve 1.5 months notice period, then the company is very well within its rights to deduct the amount from your settlement amount towards the remaining - notice period of 15 days

Dr. J C Vashista (Expert) 11 August 2023
Terms and conditions of appointment letter shall prevail over assumed facts, which means you will have to pay one month salary to employer.

Shailendra Kumar Dwivedi (Querist) 14 August 2023
But when i asked company you can relive within 30 days he was drop mail and told i am accepting your resignation and will relive withing 30 days after that why deduct my 15 days salary.

T. Kalaiselvan, Advocate (Expert) 14 August 2023
Oral instructions or conditions will not be considered as law.
What is written as terms and conditions only will speak.

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