Akm18
Senior Manager (legal & Administration)-cum-
Sunil Joshi
Human Resources
Asehgal
Assistant

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Hi People,

I resigned from the company few days back. While making my full & final Settlement they have deducted my 18 days salary (also got 35 days leave encashment). I worked there for 1 yr and 11 months.

Just like the normal company norms, the confirmed employee has to give 1 month notice period. The Probation period was 6 months.

As a matter of fact, I have never been issued the confirmation letter & the appointment letter also after 1 yr (which they forgot or something I don’t know). But they gave it back dated i.e. the date I joined them. Also I got the increment after 1 year like normal practice.

Now my apprehension is that there should not be any deduction from my F& F

1. I have never been issued the confirmation letter.

2. There’s also a clause saying that a probation period can be raised based on the employee performance.

The HR person is saying that I am wrong here and he’s like the employee gets confirmed automatically if not been asked to leave after 6 months. Moreover, a temporary employee never gets a raise in salary and you have got increment which itself says that you are a confirmed employee.

Need your views/ suggestion on this. Should I go and ask for full salary or the deduction is alright.

Regards,

Dear A Sehgal
1. Your probation period was six month.
2. You served more than a year.
3. you received an increment.
4. you received a leave encashment.
5. Have gone through Company Standing Order, if not please go through.
6. What your terms of appointment says ????
In any case Notice period is required before leaving any organisation or organisation like yours.
HR persons statement is correct. You accept increament and leave encashment etc and again state that you are still a probationer.
Deduction is correct although some organisation even don't deduct if your relationship is good with the organisation.
Regards
Arun K Mishra

Dear Mr. Sehgal,
Probation period is the discretionary power of the organisation, which in any case may not be more than 1 year. As per the act even if the confirmation letter is not issued, the employee is deemed to be confirmed on completion of 240 days of regular service. Some companies explicitly state in the offer letter that the employee will be treated as a probationer till such time he/ she is confirmed in writing.
Since in your case they have encashed the EL, which is generally not done to a probationer, they are treating you as a confirmed emplyoee, hence requiring you to serve the stated notice. The deduction may have been because the shortfall of the notice.
In some cases the company may adjust the shortfall of notice against the EL balance, this is probably what they have done in your case. They have paid you the EL balance against your account and recovered the shortfall of notice.
Best wishes,
Sunil Joshi

Its Ms. Sehgal rather :)
I wrote in my resignation letter to adjust my EL & CL for serving the notice period. But they did like you said here.
anyways the moral is it has to be.
Thanks Mr. Sunil & Mr. Kumar
regards,
Aarti

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