Termination Of Employment From Either Side Would Be Subject To One Month's Written Notice Or Salary In Lieu Thereof? - CiteHR
Ravinderjangir
Manager - Compliance
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shettyravi1991 Started The Discussion:

Please help me!!! Please help me!!! Please help me!!! Please help me!!! Please help me!!!

Hi all,

This is Ravi. I was working in a company since last 7 months. There was some partiality, so all along I was looking for a better job, I got a new job. And resigned from the company. I was supposed to serve "one month's written notice or salary in lieu thereof" as stated on my appointment letter.

Now the problems are-

1. HR told me that your resignation has been accepted, but I didn't get a signed copy yet. They told that they will e-mail me later. Will it create any issue in future?

2. I served just 17 days of notice period and stopped going for the work without any updates

3. I joined the other company

4. HR mailed me that I will not get any documents and pending salary (47 days salary was pending already (1 month salary+ 17 days of notice period served))

I just wanted to know if its fair? As my contract says that Termination of your employment from either side would be subject to One Month's written Notice or salary in lieu thereof.

I think they must pay me the pending salary i.e 47 days worked-19 days of short notice= 28 days salary at least.

Please help me how to recover my money from them? please advise.
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Hi Ravi
As you have mentioned that your and employer both has to keep in consideration the notice period limit of one month, you should have serve that period. Because you have not worked for one month after your resignation, employer is liable to deduct remaining days (13 days) wages from your full and final. However employer can not keep your salary for any other thing.
You can always approach to labour court along with solid proofs such as mail of your resignation and letter of appointment, but it is advisable to make your previous employer understand your needs of current job.
Last but not least - always update your HR team when you will not be continue after resignation so that they can plan accordingly.
Hope this will help you out.
Ravi Jangir
Dear Ravi,
You left the firm without serving notice period. Did you offer to buy out the remaining duration ?
When you suddenly stop reporting to work, did you hand over the responsibility ? If yes, do you have any proof of it ?
Bet you completed no exit formalities before your last day at work. Hence they have the reason to hold back the relieving documents and the F&F amount.
However, you have to take a step proactively and restart the process. Write to them in details why it was not possible for you to serve the complete notice period. Offer to buy out the remaining number of days. They might ask for a cheque assuring the amount. Keep it ready when you begin the conversation.
Request for the experience certificate and relieving letter. The Full and Final settlement might take time based on how fast the finance and HR Team works.
Wish you all the best !
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