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Abhinav1   16 April 2021

Paid leaves not being paid after resignation

Hello, I had recently resigned from my job in a company dealing in the hospitality sector. I was required to serve a notice of three months, however in my resignation letter i requested that the notice be reduced to one month as there was very less work due to the pandemic and it being off season for hospitality industry. In the letter i had also mentioned that i am willing to serve the complete notice period if the request was not acceptable. My manager reverted on my resignation letter accepting one months notice as a special gesture. I am still serving my notice and nearing the end of the notice period. Today when i checked with the HR manager what all will be credited in my final salary, they informed me that my pending paid leaves will be adjusted against the un served notice period and will not be paid in my final salary. I informed them that i was willing to serve the entire notice and that my request was accepted as a special case. However they are not willing to pay the amount for the pending leaves. There was no communication regarding this when they accepted the 1 month notice. They informed me only when i inquired about the details of the final salary. I feel this should have been informed at the time of accepting the resignation. I did not serve the complete notice as there is no requirement for me on the job due to there being no business, i wanted to spend my time more productively than to waste serving the additional two months, the company also benefits as they do not have to pay me the salary for the additional two months. However they have not considered my good intentions and refusing to pay the pending paid leaves. I also still have pending incentive which has not been paid for the February and March 2020 due to the lockdown. Would appreciate any help and advise in my above case. Thank You.


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 1 Replies

P. Venu (Advocate)     16 April 2021

Please post simple facts, avoiding subjective opinions based on assumptions and presumptions.


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