No Salary After Resignment For Notice Period - CiteHR
Tushar.swar
Manager - Human Resource
+3 Others

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Subject - No salary during notice period
I have resigned from my previous employer and given 1 month notice period for relieving. But management relieved me immediately as my nature of job is of highly confedential in nature. Now the company is not paying me the salary during my notice period . Kindly advice whether i am eligible for salary during my notice period or not and what action further i can do.

Dear Rejijoseph,
Unless you have a clause in your offer of employment that 1 month notice on either side or one months salary in lieu of notice you will not be able to seek compensation for the notice period.
M.V.KANNAN

Since they releived you immediately then when u not serve notice period means they have waive off your notice period , in this case since you have tendered resignation they have not compel you to go they relieved you immedaitely considering your case. They are not liable to pay you notice pay.
Regards
P K MISHRA

Greeting EMP_01
Though your past employer has to pay the notice pay for 45 days they have chosen to pay only 15 days which is not correct, provided there is notice pay clause that states 45 days on either side in the offer of appointment.
However, fighting it out may not be a prudent decision in my opinion.
As regards PF if they have deducted the amount from your salary you can file Form 19 to claim PF and Form 10C to claim the Pension amount as you have worked for just 6 months.
Regarding Gratuity I presume that the Gratuity amount was shown as part of your CTC and would not have been deducted from your monthly salary. If they have deducted then it has to be refunded to you. As you are aware that you do not qualify for receiving gratuity as you have served 6 months (qualifying period being 5 years) you cannot file a claim for Gratuity from your past employer.
Trust the matter is clarified
Regards

Dear Kannan Sir,
Thank you, Actually they forced me to relieve, but in appointment letter clearly mentioned 45 days notice on either side.
I knew already about Gratuity. It can claim only after 5 years, but my Pay slip they were deducting Rs.644 as Gratuity(4.83% of BASIC) from the date of Join. Now i want to withdrawn my PF and Gratuity,
i contacted my seniors through phone and mail, but they wont reply/answer properly.
please help me, where i can register my complaint?,
Ram, Madurai. 9629112973.

Dear Emp_01,
My advice for on below link
https://www.citehr.com/487253-employ...iod-norms.html.
Dear Reji josepho,
as you said, you were ready to give 1 month notice to company as per terms & condition of your orgnisation, but, company up frontly relieve you immediatly, so, in this case, company not eighther bound to pay notice period nor even recover from you, its a mutual understanding within both parties without any dispute.
if you would have worked in notice period, then only you would have eligible for notice pay.
Regards,
Tushar Swar

Greetings Ram,
As regards notice pay you have to send a letter to your past employer by registered post with acknowledgement due first and seek the amount.
For Gratuity if you have the payslips with you, take a photocopy of the 6 months slips, total the amount recovered by your employer and attach it alongwith a separate letter and send it to them with the letter you have addressed for notice pay.
If these does not work then you can approach the appropriate authority
Regards

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