Soical Compliance Auditing
Assistant Manager - Corporate Ir
Balaji Rao03
Aviation Logistics, 3pl Regional Head
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Gm (hr)
Payroll Services
Asst. General Manager - Hr
Hrm, Ir, Labour Laws
Labour Laws, H R Management
Hr Professional
+1 Other

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I have a query regarding Notice period.
I recently resigned from my organization and submitted the resignation letter stating that I would be serving the required Notice Period of 1 Month. Later in the day the HR informed me that there is no need to serve the notice period and I have been relieved from my services with immediate effect. They also informed me that my last months salary would be deposited in a months time. I asked them the reason for the same to which they replied as administrative routine. They also told me that my relieving and experience letter will be handed in a month.
Later when my salary came there were many deductions in it. Also since the management decided for me not to serve the notice period they should have ideally paid me the next month's salary also which they denied to do.
How can I proceed in such a situation???

simply forget it. it all depends on the offer letter u had from the may be mentioned one month notice as u said. i feel the com was liberal to releive you early ( may be they hav their own reasons for not letting to serve the notice period) with pay.
The appointment letter which I have clearly stated that If in case the management decided that I shoud not serve the notice period then they will give 1 months salary in lieu of it.
As every comapny is having its own standaredize Full and filnal settlement procedure. Due to that the diductions are there. you must have received the full adn final settlement copy from which you can work out were exactly your money is deducted. If you had not yet received the F&F copy. Then you can ask them. It will consist of Your leave balalnce, notice period, and all the stuff which can solve your qurey.
As rightly said by Balaji, your company is liberal to relive you early with the pay.

First go through your appointment letter then compare with following points.

During the period of probation or the extended period of probation, the contract may be terminated by either side without assigning any reason thereof and by giving xyz days notice in writing or payment in lieu thereof

You shall be entitled to your basic salary and allowances, in lieu of the remaining period of notice if company will ask you to leave

Notwithstanding the aforesaid, the Company shall have the right to terminate your employment without notice or payment of salary in lieu thereof on the occurrence of the following events:

a. you commit any breach of your duties and responsibilities under this contract of service;

b. you are guilty of any gross default or misconduct, misrepresentation, which contravenes the express or implied conditions of your employment;

c. you commit breach of any of the terms of as mentioned in your appointment letter; and

d. you remain absent from work, without any reasonable explanation, for more than (as mentioned in your appointment letter) consecutive days, it will be presumed that you are no longer interested in working for the Company and have abandoned its services;

e. indulge in any activity involving moral turpitude

Dear ,
You should send a copy of your appointment letter alongwith a request letter providing your 1 month salary as management decided to relieve with immediate effects to your organisation,
also asked about the deduction & full details of your bonus,annual leaves,gratuity(if applicable) etc.. thru registered post & also send a scanned copy of your request letter thru mail/fax.
Give them time to provide answer of two weeks,
Wait and see the reaction,
We are running a NGO on this and we can fight of your case with your organisation free of cost.
Please let me know your view on this.
Best Regards
Sajid Ansari-Delhi

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Dear yogesh, This is varsha here,i have gone through ur suggestion was very good,could u pls help me out to suggest me a good consultancy name.actually i m going to start my own consultancy.
Serving notice period after resignation is the Company policy, which is a kind of pressure company generates to hold a person before relieving or settling full and final accounts.
It is the management discretion to relieve you before Notice period will be treated as waiving the N period, which is appreciating. In case of termination the onus lies with the management.
So cheer-up and look ahead in your new assignment.

dear meetu
the views given by mr shajid is absolutely right and legally you are entitle to get one month salary in lieu of notice as you have given notice and
management relieved you immediately.
j s malik

in india there is no job security in the case of private employment and our govt is very silent on this issue. it is a shame that the great trade unions also are not taking up the matter with the govt. a had a very bitter experience. after 23 years of sincere service in a pvt company, one day evening along with some other employees, i was called to the hr dept and told us to submit our resignations since our services were no more required by the company, as a part of the retrenchment policy of the company. we have submitted our resignation and the next day we were relieved. but we were paid one month salary extra as a token of good will. nowadays, many people are employed on contract basis only. our labour ministry should look into this and take serious action.

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