Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
Nathrao
Insolvency N Gst Professional
Your Friend
Hr Executive
+1 Other

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Hello everyone,
I work in Mumbai(Maharashtra), for an e-commerce company. I had emailed my resignation letter stating "stating my last day of resignation after 1 month of notice period" on verbal meeting with the HR Head and Team Lead they came into a conclusion of not giving me a 1 month notice period which I was ready to serve. Now after the meeting it was decided that they will accept my resignation and ready to relieve me at that day only and they will mail me the Experience Letter And the FnF settlement within 45 days.
They have given the experience letter and Salary till my resignation. FnF settlement is still remaining.
My question is isn't it mandatory for the company to compensate me with the notice period salary which I was going to serve? Can I ask for it with my company straight forward. What should I be doing for this situation ?
Thank in advance.

From India, Mumbai
Employer can always waive notice period if they so desire. You will have to check out your employment details and rules.
From India, Pune
Hi, You would have asked it in your HR meeting My suggestion is check your company policies and confirm it with your HR also.
From India, Pune
In such situations, the employer should pay the notice pay to the employee. Just think it from another angle,hat he employer is giving one month notice of termination. The employee is expected to serve the required notice period failing which the employer can demand notice pay from the employee just because it is resignation by the employee. Similarly, if an employee has resigned and is ready to serve the notice period but he employer is relieving him earlier, it should be construed as termination requiring notice pay from he employer. Moreover, the employer cannot hold the full and final settlement for 45 days. What is he need of 45 days? Is here any CAG's audit to be taken place or some vigilance proceedings expected?? No. he amount in the hands of the employer will give some amount of interest to him. That's all.
From India, Kannur
Madhu Sir, many companies hold the full and final settlement for 45 days, I don’t understand the logic behind it but it does happen.
From India, Pune
There is no logic in it but they wan to harass those who leave them. They know that nobody is going to file a complaint against an employer. There are companies who hold the form 16. At the same time everything will be done once he gets a phone call from a Labour Officer!!!
From India, Kannur
Dear friend,
If your resignation is accepted abruptly and relieve you from your duties and responsibilities on the same day of your resignation, without allowing you to serve stipulated notice period, it is a mild form of termination of your service, in which case, employer should morally and ethically pay you notice period salary.
There is no law prevailing that allow your employer to hold your FnF dues, for 45 days
Anyway, since you sought separation, put forward your request for FnF dues to your employer.

From India, Aizawl
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