Ok so here's the situation with me, I was working in a company and when we joined we had a 7 day notice period post resignation during probation and a month for a regular employee, but company put up an updated appointment letter in the HR portal wherein we were asked to serve a month notice period, the clause for probation was removed and it was totally a month for every employee and we all signed it. Now the company asked me to file for resignation as I was taking leaves on a regular basis and due to my indiscipline. So when I did, I asked my HR what would be my notice period and she said you were on probation so it would be a week. When I tried putting up my resignation on HR portal, it showed 1 month, I asked her again and she said file it over the mail as it shouldn't be a month. I put up my resignation over Email and after serving a week of notice period , I again had to message her that as per our conversation and contract I have officially served my Notice period and she accepted. Everything is on a mail. My salary cycle was on 7 th when we used to get our payment and I resigned on 27 th September and served till 4 th October, I shared her the details of the whole concept of this over Email, she approved.

Now I was supposed to be receiving a salary for September month till October 4 th, but I got a salary slip stating LWP for September then again I asked her and she said it was a mistake and it will be included in your Fnf, now I got a salary slip for the month of October on 15 th NOV showing I served full days of October but I was out from 4 th October, how's this possible? I asked her and she said she'll manage. Before this on 2nd Nov I got a call from their Main HR stating that you are still in portal, and still an employee. I communicated everything to her and she said is everything over Email, I said yes. I shared the details. Post which my state HR isn't responding. The only problem is I have been shown absent for the month of September but working for October, but I wasn't present in October and totally worked in September. Today on 22 NOv I got the PF credited into my account for October just like it was mentioned in that new payslip of October but no salary credited, Now she picking up my call and today only I lost my access to HR portal. She gave me an employee name who used to the Main HR at HQ but I was conveyed on 2 nd NoV that shes out of the system and new HR at HQ had no idea about my resignation. I haven't received my salary. My pf shoes that I have received it for October but not September , what's going on in all of this. When can I expect My fnf amount credited?

Meanwhile, I joined a new company already on 2 nd Nov it's been a month. It's taking a toll on my health as well as my mind. What can i do. Why am I being shown absent for September where i worked for it and present for October where i wasnt there. I received the conveyance from September month on 20 th October as well but salary is still not process. What am I supposed to do, I am ready to take any legal action for it and even if needed if I go to court of law I wanna teach these people a lesson. Shall I keep on calling my HR as my manager already said that you were supposed to serve 1 month as you voluntarily resigned , she switched her statement when I contacted her and isn't picking up my calls, everything I did right from resignation mail to notice period of 1 week served is on mail, and my HR-approved after a week of the notice period. What should be done please guide me.

From India, Mumbai
Partner - Risk Management
Ceo-usd Hr Solutions
Management Consultancy

It appears from the big elaborate mail that the employer has made mess in communication system. If you are not a workmen under ID Act, any legal action will be long drawn process.

Fact is there is no law in India about what notice period will be applicable for what category of employees - probationer, workmen, supervisor, Jr. Management staff, Middle management staff and Sr. Management staff to be mentioned in appointment letter. Practice prevails in Indian organizations are no notice period or maximum 15 days /1 month notice period for Probationers, 1 month to 45 days notice period for Workmen & Supervisors, 1 to 2 months notice period for Jr. Management staff, 2-3 months notice period for Middle management cadre and 3-6 months for Sr. Management cadre ( 6 months are usually for MD, Director etc. level). These are also vary from Organizations to to Organizations. I started my career with MNC as Jr.Management cadre in the year 1976 and the notice period was 3 months and in my all organizations it was 3 months only-last one in 1994-2009, DEC with another MNC .

I have noticed even today Supervisors category employees have 3 months notice period in one organization and Middle management cadre has 2 months notice period in another organization mentioned in appointment letter.

S K Bandyopadhyay ( WB, Howrah)

From India, New Delhi

We agree that you are in an unenviable position and it is not so easy to come out of the situation unscathed.
Before jumping to legal action You may consider sending a self explanatory mail, attaching the previous mails with the local and stress on the fact that you have gone as per the direction given by local HR. Once you have agreed to a notice period of one month, the HR was not right in stating that notice period of probationers is only seven days. It is surprising to note that local HR was reiterating this position repeatedly later. The HO HR is oblivious of all these developments and going by the rules has counted you as absent after 4th October.
Now how to come out of the situation and make the fnf settlement is not a easy task. So you need to highlight all the previous correspondence and stress on removing the factual mistake. With the repeated confirmation that your notice period is 7 days, they cannot now go back and assert that you have not served the full notice period which you would have, had it been told so in the first instance. Now that you are out of the organisation and since the clock cannot be put back, persuade them to settle the matter amicably. You can try to bring this to the notice of higher management.

From India, Mumbai
One question I have for you is, how much is the salary that you have not got and how much excess did you get (since October is shown as present). And if the amount is not significantly, why is it 'taking a toll on your health'?

If you have already joined a new company, why are you bothered so much about whether you were marked present or absent in the old old? Instead you should focus on ensuring yo do not get kicked out of the new company for similar indiscipline and excessive leaves

From India, Mumbai
Sir, my September salary went on hold and on October I had to live in that new place where i relocated as I didn't tell my parents about it. I had to spend every saving on that place coz if that and had to take a small loan from friends. Now new job hasn't given me any salary , it will be by next month
From India, Mumbai
Salary I had to receive yet is 48k
From India, Mumbai
Today o got a mail from them stating that I have to serve 58 days as per notice period . Nope, what to do ?
From India, Mumbai
Basically, in view of the urgency of the matter, you can basically do nothing.
Your company as decided you will need to do 58 days notice period, and the only way you can settle the matter is to go and meet them. You can take the legal route if you have lots of money, time and ability to survive till then (which I assume is not the case).

You have signed the revised appointment letter, so the revised notice period applies to you, which is why the Portal showed 30 days notice. I do not know why the email says 58 days, again its immaterial as you worked for only 7 days.

The HR person was wrong and careless, but that does not relieve you.
The company is right in withholding the salary till you complete the terms.

You probably need to go and meet the HR head with all evidence (along with evidence that HR said 7 days is adequate) and see how it can be settled.

From India, Mumbai
So, madam what I feel is is they have shown me absent from 27 th september and it amounts to almost 58 days post that . They have cleared my travel allowances for the month of September and October but have marked me lwp in the month of September where i worked and shown full month working in the month of October. How's that possible ?
From India, Mumbai

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