Prince163563 23 May 2023

Salary not given for notice period

Hi Sir,

I was working in a startup company in Bangalore. I worked there for one year.

After one year, I got a better job opportunity from a new company. Initially, the new company wanted me to join early.

Accordingly, I resigned from the startup company and requested them to release me early but the management didn't accept my request and told me to serve a full notice period of one month as per the company's policy. I agreed to their request and planned to join the new company when my notice period in the old company was over. The new company fixed my joining accordingly.

While I was serving my notice period, suddenly after 12 days the HR manager informed me that we are considering yesterday's date as your last working day and you are relieved. You are requested to submit the office laptop.

This sudden discontinuation of my employment left me jobless / without any work till the time I would join another company. This will be a huge loss of salary (of 18 days) for me and I would not be able to pay my EMIs.

I mailed my HR about this but there was no reply from them.

The major events with dates are given below:

Event Date Action
8th May 23 - I resigned from my position and the discussion was done with my manager.
8th May 23 - I requested for relieving me earlier than my notice period but the request was denied by management.
13th May 23 - My resignation was accepted by management but the Last Working Day was still not decided.
15th May 23 - The Last Working date was decided and set as 7th June '23 as per the One Month's Notice policy.
15th May 23 - I accepted the company's decision of serving one month's notice as per the company’s policy and planned to work till 7th June.
16th May 23 - I planned my joining the new company on 8th June based on my Last working day in the startup company which was 7th June.
16th - 20th May 23 - All handing over processes were going on and knowledge transfer was happening from my side.
20th May 23 - Suddenly I was informed on 20th May that my Last Working day is 19th May. This was done without my consent.
20th May 23 - My company's email was blocked and all access was blocked too.
20th May 23 - I informed the company that this decision would make me jobless till the time I am joining the other company and I would suffer a monetary loss.
20th May - till date - No reply from my company for my mail and Whatsapp messages.

Please help me to get the salary because the company forcefully discontinued my employment without any prior information or my consent.

Reply Follow

5 Replies

Real Soul.... (LEGAL) 24 May 2023

You have no right to claim anything onwards as they have relieved you, and it is not necessary that they will give you full one month notice period as you have resigned already. It is better to wait and join the new company, you can dwell nothing form them now.

Prince163563 24 May 2023

But they have themselves told me to work till 30 days and during my notice period I couldn't join anywhere too.

And suddenly they have ended my employment without any notice because of which I became jobless for 18 days. And only the company is responsible for this.

So why shouldn't the company compensate for this.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 May 2023

When a company demands notice period, once you have submitted your resignation, the company can relieve you on expiring of the notice period or at any time earlier. That is the law unless otherwise specifically stated. The company pays you salary and in return you give your service. Once you are on your notice period your full application of mind will not be on your job and you will be waiting for your day that you will be relieved. When one changes job for better prospects some days will be lost in the gap. Normally one does not worry about the days lost. You are joining another company with higher salary. Why are you so stingy?

Prince163563 24 May 2023

Sir, laws are same for both employer and employee.

When employee leaves early he has to pay it to the company. Similarly when company terminates someone's employment, the company should pay it to the employee.

Krishan Kaushal 24 May 2023

If you have not been paid for the period you have worked for, it amounts to illegal termination.

It has been observed in several illegal termination cases that even if they are decided in favour of the workman/appellant the employer is never penalised for wrongs committed by him on account of non adherence of rules and laws laid down by the Industrial Dispute Act, Factories Act, payment of Wages Act, Industrial Establishment (Standing orders) Act etc.

To weed out this wrong of the courts I'm preparing to file a writ petition in hon'ble Supreme Court of India. You are therefore requested to share your experience with me. I further request you to request your friends and knowns to share their experiences with me on my mail ID krishankaushal1953@gmail.com, No contribution towards lawyer fee required. I will manage it myself.