Thread Started by #nidhi-singh1

Hello All,
Hope you are doing great :)
I have concern regarding notice period. One of my friend was working in accounts department for a startup. He joined the company in April 2018 and left the company in September 2018. He had properly mailed his resignation to MD stating that he is ready to serve his notice of one month as well if company wants. The same mail got accepted the next day. But due to some reason my friend didn't serve the notice. And now he MD is denying to give his salary as he didn't serve the notice. So, is it right on their part to hold his salary because if they really wanted to get the notice period severed, they would have shared one warning mail at least. So need to know if they can hold the salary and if not then what legal action can my friend take.
Regards
Nidhi Singh
15th October 2018 From India, Ghaziabad
Hi Nidhi,
For building one's sound career one of many ingredients is to keep the career graph 'unblemish'. Viewing from this angle why you want to have a black mark at the early stages of your career. Keeping aside the legality of withholding the salary for the notice period not served, what option you'll have to claim it. Going to court? think of the offshoot of exercising such an option. The fact remains you didn't serve the NP hence you have to content with it saying, foregone in lieu of NP. Ok now tell have you got your 'relieving/experience letter' ? there's a point, how crucial it is for supporting your career.
16th October 2018 From India, Bangalore
Respected Sir,
Thanks for your valuable response. And, my friend haven't received his experience/ relieving letters yet. And also the immediate relieving was on verbal terms, I agree he should had mentioned the same in his mail. But, please tell me what best suggestion you could offer in this case. It will be of great help.
Regards
Nidhi Singh
16th October 2018 From India, Ghaziabad
Tell me how many years of service your friend had? What if the present employer insist that he should produce RL/EC. Methinks at this juncture there is no possibility to get the salary as there is breach of agreement (I believe his apptt. /terms & conditions prescribe certain NP) on the part of your friend. under this surmise even if he seek intervention of court there is remote possibility of winning. On the other hand if he wish to settle this amicably, approach the competent person with a frank request that they should pardon his hasty exit and submit willing to surrender a month's salary provided they should issue him the RL/EC. Caution, for obvious reasons he might as well hide the details of present employer. This is not a foolproof solution but only my suggestion, you may decide whatever necessary depending on the circumstances unfolding in future.
16th October 2018 From India, Bangalore
Dear Friend,
Every appointment letter has exit clause with terms & conditions. Please share the same in this forum for appropriate advice.
Warm Regards
Bharat Gera
HR Consultant
9322404765
17th October 2018 From India, Thane
Hi Nidhi,
Your friend has worked from April 18 to September 18. Did he receive an appointment letter, was he on probation? Was there any discussion or clause of Notice period?
In good faith he offered to serve his Notice period of one month but he failed to fulfill his commitment for reasons best known to him. You say his immediate relieving was on verbal basis.
Please in the above circumstances, company has the right to hold back his one month's salary in lieu of notice.
Thank you,
Regards,
R. H. Kavarana
HR Manager,
Mumbai
17th October 2018 From India, Mumbai
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