Tushar.swar
Manager - Human Resource
Adoni Suguresh
Sr.executive (per & Adm)
9871103011
Private Consultant On Labour Laws
Gpagarwal
Ngo Kastaharan (for Legal Help )
+1 Other

Thread Started by #Dorababu743

Hello Seniors,
I gave my resignation 1 week back to my company, even when I am giving resignation they didn't ask me for notice period. But in my offer letter they mentioned this point
Termination of employment by either party shall be one month's notice in writing or payment in lieu of notice. Such notice may not be offset by unused leave.
So will I get my pay for the month I worked. When I mailed them this is the reply I got as you have not served any notice period your salary for the working days of the last month would not be considered and would be treated as notice period buy-back.
6th June 2014 From India, Hyderabad
Dear Dorababu,
As per company rule & same mentioned on your offer letter, company has rights to recover the same from your salary.
But, as you have given one week notice period, so, company has to adjust the short fall days after considering one week notice, & rest of payment has to pay you.
6th June 2014 From India, Mumbai
Dear ,
Whatever days you have actually worked including 1 week notice period its gets Minum from 30 days notice period, if there is something become payable to you, then they have to pay you Or, if still amount coming as recoverable then, you have to pay the recoverable amount to them.
6th June 2014 From India, Mumbai
Mr.Dorababu,
You have not mentioned that you are a probationer or confirmed employee. The notice period of either party must have mentioned in your appointment order and the employer has the discretion on the subject. If you are confirmed, then one months notice is must, Please wait till your resignation accept and get the acceptance letter wherein they will mention the relieving dates and any notice period adjustments.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
9th June 2014 From India, Bidar
Dear Dorababu,

I agree with Sh Adoni Suguresh that you should have mentioned the status of your appointment in your thread as to whether you are a probationer or a confirmed employee.Both the categories of employees are as governed by differrent set of rules. For instance no temporary workman or probationer shall be entitled to any notice or pay in lieu thereof, if their services are terminated. However for terminating the employment of a permanent workmen, one month’s notice in writing shall be given either by the employer or the workman or paid in lieu of notice.Sh Tushar Swar has rightly mentioned that as you have given one week notice period as such company has to adjust the short fall days after considering one week's notice and the rest of payment is payable to you.

BS Kalsi

Member since Aug 2011







Hello Seniors,

I gave my resignation 1 week back to my company, even when I am giving resignation they didn't ask me for notice period. But in my offer letter they mentioned this point

Termination of employment by either party shall be one month's notice in writing or payment in lieu of notice. Such notice may not be offset by unused leave.

So will I get my pay for the month I worked. When I mailed them this is the reply I got as you have not served any notice period your salary for the working days of the last month would not be considered and would be treated as notice period bu
9th June 2014 From India, Mumbai
Leave and Notice Period are two different things, one cannot set off the leave balance for Notice Period. If there is shortfall in Notice Period that is recoverable from the Salary. With regards to Leave Encashment please check the policy whether the same is cashable or not and if cashable then whether it is on basic or on gross pay.
19th June 2014 From India, Ahmadabad
#Anonymous
Hi I'm Raghu and I'm working for VRP TELEMATICS PRIVATE LIMITED as a sales manager karnataka for LED TV division .I joined the company on 11/07/2016 and on 28/9/2016 Company has shifted to Mobile business through mail confirmation. On 25/10/2016 has sent me termination mail saying that the LED business has been shut down and they don't need my services anymore and given me a time till 31/10/2014.I requested them to give me one month time are 1 month salary as composition. But company has agreed and now they are telling to send resignation mail to HR. One monthback company has shifted me to Mobile division and termination is saying that I'm have got removed from LED division.
Request you to kindly suggest can I file a complaint in labour commission.
Pls suggest as there is no openings anywhere.
3rd November 2016 From India, Bengaluru
Dear Sir, pl. check ur appointment letter which may be having transfer of service(s) clause, stating about interdivn. transfer. However if you can prove that transfer has been affected with ulterior motive of termination. It will be unfair labour practice and can be raised as Ind. dispute.However if you are still under probation service can be terminated before confirmation, if not other wise stated. However their appears a case of malafide and unfair labour practice. gpagarwal, lucknow
19th April 2017 From India, undefined
Dear Agarwal ji,
I couldn't understand the necessity to react to a problem posed Mr Raghu on 3rd November, 2016 at this belated stage. I think your advice has no use to him now. He must have happily settled somewhere by this time.
BS Kalsi,
Member Since August, 2011
20th April 2017 From India, Mumbai
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