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Chirp   30 April 2020

Salary deduction

Hello, I just want to confirm if I resign from a company without serving the notice period. Is the employer entitled to deduct my salary despite the acceptance of the resignation


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 6 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     30 April 2020

Hello Querist!

 

Accpetance of resignation is one part. But complying with the notice period is another part. Had you asked in your resignation letter for waiving off the notice period? if not, then you have to go by your appointment letter terms and conditions where it must be mentioned whether company will deduct salary or not.

 

Regards

Adv. Rohit Dalmia

9324538481

Chirp   30 April 2020

I mentioned the last working day in the resignation and they did not oppose that and accepted the resignation.Nothing is mentioned in the appointment letter.

Adv Rohit Dalmia 9324538481 (Lawyer)     30 April 2020

Ok.

Has the company communicated anything about deduction in your salary on account of notice period?

Had you made any offer in the resignation letter that you are ready to buy your notice period from the company?

if both the above conditions are not there, then the company might not deduct the salary for notice period.

 

Regards

Adv. Rohit Dalmia

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 April 2020

1. Employee is legally obliged to serve his expressely accepted "Notice Period" defined in the Employer's Appointment terms & conditions.

2. Acceptance of Resignation letter by Employer, will not absolve the employee of terms & conditions of the Appointment letter.  However the employer may condone off the Notice period, at his discretion.

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

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     01 May 2020

Sir,

Employee is legally obligated to fulfill his expressly agreed "Notice Period" as specified in the terms and conditions of the Employer's appointment. Employer's approval of the letter of resignation does not absolve the employee of the terms and conditions of the letter of appointment. However, the employer can, at his discretion, condone the notice period.

Regards

Ritesh Maity (Labour Law Advocate)     05 May 2020

Originally posted by : Chirp
I mentioned the last working day in the resignation and they did not oppose that and accepted the resignation.Nothing is mentioned in the appointment letter.

If clause of notice period is not mentioned in your letter of appointment, then you are not required to serve any notice period. 


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