Upgrad LLM

employer taking july 2020 salary as recovery


Hi,

My notice period in the contract ( employment letter ) says one month. My employer didn't gave me salary for the July month. I resigned on 7th August 2020 and stated in my resignation email that I want to serve 1 month notice period. Employer asked me to submit the assets on 10th August 2020 and relieved me on the same day without giving me relieving letter. I wanted to serve the notice period but employer didn't allow me to do so.

Now, they are saying that you haven't served the notice period so we are taking your 1 month salary ( July salary ) as recovery ? Is this justified ? Am I entitled to get my July salary ?

My employer and I are based out of New Delhi. Kindly suggest me what to do in this case.

 
Reply   
 
Advocate

What, exactly, condition as to Notice period?

 
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Dear Sir,

My appointment letter states that on joining the company, I would be on a probation for 6 months. During this period, my employment could be terminated 30 day notice basis. I would also be allowed to resign from the services of the company by similarly giving a 30 day notice in writing.

 

I joined the organization in the month of February 2020 and I was under probation. When I resigned, I gave them 30 day notice in writing. Instead of letting me serve the notice period, company asked me to submit the assets and relieved me in 3 days time from the date of resignation. Now, they are claiming July salary as recovery for not serving the notice period.

 

 
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ha21@rediffmail.com Mumbai : 9820174108

1. IF you are on probation, there is no question of giving you Notice Pay.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
 

 
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Sir, please correct me if I am wrong. You mean to say that my employer cannot give me notice pay if I am on probation??

 
Reply   
 
Lawyer

The term "probation" implies notice, no subsequent notice is necessary to show exit gate to the employee.

 
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