R K MANDAN (Director) 24 May 2011

Notice period given but salary deducted

I resigned from my job on 8th April 2011 and asked to be relieved by 30th April, 2011. According to my terms of employment I was supposed to give 15 days notice period. Therefore I had given sufficient notice.

However, my employer relieved me immediately on 9th April 2011 but did not pay me salary for the 15 days notice period. When I requested for the salary upto 23rd April 2011, he refused saying that it was not payable.

Can you please guide me whether I am entitled to salary upt expiry of my notice period even if the employer decides to relieve me earlier at his discretion?

Secondly I was entitled to 24 days leave in a year. At the time of leaving am I not eligible for leave pay on prorata basis?

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4 Replies

M.Sheik Mohammed Ali (advocate) 24 May 2011

you can send the notice what you said reason, and claim.

RENISH RAO (ADVOCATE) 24 May 2011

I also agree with Mr. M. Sheikh's opinion. You can also claim for your balance leave pay (prorata basis).

regards,

kavitha gurumurthy (HR professional) 24 May 2011

Hi Madan,

Please have the following as your check point.

1) does your resignation mail indicate relieving date which covers up your 15 days notice period?

2) if yes and yet your company decided to relieve you earlier, there cannot be a salary deduction for short notice.

3) only PL is encashable and PL has nothing to do with notice period except that it can be traded-off for short notice only and only if there is such a provision in your company policy. otherwise PL HAS TO BE SETTLED AT THE TIME OF RELIEVING.

after having a check on point (1) you can talk to your HR and place a documented mail for payment quoting reference to your resignation.

thanks,

Kavitha G

(Guest)

If your resignation notice covered the notice period, but the company relieved you at its own volition before the due date after expiry of notice period, the company has no right to deduct notice period pay from your dues. You have every right to claim the same. You may send a lawyer's notice to the company to pay you your due salary for the period you worked for the company, as there was no fault on your part.