Notice period serving

Check your contract. Your employer may give you more than the statutory minimum, but they can’t give you less.

Dear Team,

 I have joined Next Education- an Education company 3 years Back. I have left this company in Dec.-2013 without  serving one month Notice Period. In my full and final settlement company has added complete month salary. Our salary cycle was from 20th to 20th and i have resigned on 7th Dec.

So My question is;

1. Am i eligible for those 17 days salary?

2. For notice period dues , can a company add complete month salary or will be only basic salary of that month?

3. I am ready to serve notice period now i.e after 6 months. can i do so?

4.I am having 10 paid leaves which are not considered in this settlement?

@ R K Gupta,

The language posted by you indicates that there is no provision of notice pay in lieu of notice period. However you might not have posted full language. Therefore show it to a lawyer specializing in labor/service matters.

Service conditions are not stated in appointment letter alone. These are stated in Service rules and regulations of the establishment reference of which is made in appointment letter, and standing orders (certified/Model) applicable to the establishment.

Therefore you may go thru these too.

If there is a provision of notice pay in lieu of notice period then you can affirm to adjust it in FNF statement/settlement. Otherwise too it is a custom, tradition, practice to recover notice pay in lieu of shortfall in notice period and competent official of the company may grant it.

The imp. Point is that you must state in notice of resignation that no tasks/assignments are pending as on date  at your end, routine duties be assigned that can be completed on day to day basis within and upto last date in office/expiry of notice period  and to whom you should handover the charge.

In the absence of provision of notice pay in lieu of notice period the employer may press for liquidated damages citing loss hence it shall be certainly appropriate to  consult union leaders, seniors well versed with service rules and conditions and a lawyer familiar with rules of the establishment.

@ Vinod,

You have worked from 20^th to 7^th hence wages @ usual wages shall be computed in FNF statement, notice pay @ as mentioned in appointment letter issued to you shall be adjusted, EL shall also be computed in it.

If FNF statement is erratic decline to accept it in writing and claim unpaid amounts.

You have already separated. Now it is up to company to take you back in employment or not and also to waive off the notice pay or not. It is also entirely company’s decision to take you back on fresh appointment or without break in service.  IN private establishments employers can take decisions of their choice. Although chances are remote until or unless you have some exceptional reasons/qualities.