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senthilrsm
SIR,
I HAVE WORKED IN A PHARMACEUTICAL COMPANY FOR MORE THAN 5 YEARS SINCE FROM AUGUST 2008, AND I HAVE RESIGNED ON 7TH OCT 2013. I HAVE GIVEN ONE MONTH NOTICE. I HAVE SEND MY RESIGNATION ON 7TH OCT, BUT THEY RELIVED ME ON CLOSING HOURS OF MIDNIGHT OF 5TH OCT 6TH BEING SUNDAY. BUT THEY SEND LETTER ON 6TH NOV\'13. NOW FINAL SETTLEMENT PAPER HAS COME, BUT THEY HAVE DEDUCTED ONE MONTH SALARY. BUT HAVE I HAVE NOT RECEIVED ANY COMMUNICATION AFTER I SENT MY RESIGNATION LETTER, AND I HAVE NOT RECEIVED ANY INSTRUCTION FROM MY SUPERIORS. INBETWEEN I HAVE JOINED OTHER COMPANY, WILL I ELIGIBLE FOR CLAIM ONE MONTH SALARY. KINDLY SUGGEST ME HOW TO GO ABOUT TO FACE THE SITUTATION.. IF I AM RIGHT
REGARDS
K.SENTHIL

From India, Chennai
pon1965
604

What is your appointment letter conditions on Notice period? When you have served the notice, they are not supposed to deduct the salary from you but they can release you immediately without waiting for the one month notice period completion. Write a letter to them asking for explanation on the deduction of one month salary.
Pon, chennai

From India, Lucknow
manjunathhegde
11

Generally one month notice need to give in writing. you have resigned on 7th but relieved on 5th. it s fair to deduct 1 month Salary.
From India, Mumbai
senthilrsm
sir below mentioned is the reply I have got from my previous company.
We would like to clarify your queries as follows,
1. one month notice is asked to give by both the parties so that the company can retain the leaving employee for 30 days to settle all issues to hand over the position to his senior or the new person. in these notice period the employee should not undertake new assignment or join any other company till the official relieve letter.
In your resignation letter dt .07.10.13 you have indicated you are resigning w.e.f 07.10.13 and requested for the relieving as early as possible. In fact ADL should have retained you till 06.11.13 and relieved you then and forced you to join the new company then after only. But because of our recommendation they have considered your case to relieve fast i.e 07.10.13 so that you can join fast and not loss your opportunity. In any case the relieving is as per your request only without any liability to the company.

From India, Chennai
Anonymous
He worked in a company for more than 5 years, Is he eligible for GRATUITY?
From India, Bhopal
pon1965
604

@ Senthil,
If you are not willing to serve the 1 month NP and requesting them to relieve immediately, they are right in recovering 1 month Notice Pay from you.
I quote my experience. I had a NP clause of 3 months but I requested them to relieve after serving one month NP. They relieved me after deducting shortfall of 2 months. They are right.
Pon

From India, Lucknow
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