NITISH JAYAKUMAR 03 April 2018

Pending salary for my notice period was not paid by employer

Hi everyone. I have a query that i need some of your valuable suggestions on.

I had submitted my resignation from my current company in the month of Feb 2018. As per the company's policy, the notice period was calculated for 3 months and my end date was given as May 2018.

Due to some misunderstandings and ego clashes with my manager, he pre poned my last working date to March 2018, stating some performance constraints to the HR Team, which were all fabricated! During the discussion with the HR Team, they asked me to accept the last date that the manager had decided eventhough i was willing to complete my notice period in the company. They also mentioned verbally that i would be eligible for the remaining 2 months salary along with my final settlement.

I stated to HR that i am fine with an early release via email CC'ng my Manager. After all the leaving formalities were completed, i received my final settlement in 2 weeks after my last date. However, the settlement amount that i received was far lesser than even my 1 months salary. When i enquired with the settlement team ,they informed me that there was no intimation given to pay my 2 months pending salary. When enquired with the HR Team they blatantly denied that they had agreed to pay my 2 months salary stating that i had agreed for the early release from my company and so i was not eligible for the remaining salary.

Can you tell me if this is correct and whether i am eligible to demand for the 2 months salary that i should be receiving?

Thanks in advance

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3 Replies

Siddharth Jain 03 April 2018

you'll have to serve a legal notice to your employer for recovery of your salary through an advocate. If he fails to repay, you can take proper recourse in civil court.
For any other queries feel free to contact me at isidjain1@gmail.com

R.Ramachandran (Advocate) 03 April 2018

Mr. Nitish,

Pl. understand.

If the organization wants to terminate your services, it has to give you 3 months notice. If it terminates you without giving 3 months notice, then you have every right to insist for and get the 3 months notice pay.

On the contrary, if you want to quit from the organiation, you have to give 3 months notice to the organization. This is only to help enable the organization to find an alternative. However, the organization may also relieve you without insisting on the notice period. If the organization opts to relieve you without insisting on the notice period, why will it pay you?

You are thoroughly under some misconception.

Theresa J. Stanton 04 April 2018

There is a rule that that amount also must be paid to you at any cost, when look at the law which you can read in top custom essays blog what it is saying means only when the employee is been in suspension or in punishment period than only the money should be stopped till the proceedings are completed.