Neha Saha
I work in a restaurant from October n2021
And now in from September 1 -2022 I want to join in another company
Im not able to gave 1month of notice period
So I'll talk to my previous company HR,and I gave them 24 days notice period and I mentioned in my regine letter that " please accept my resignation with my all clearence"
But after giving my notice period company release me earlier with my salary only
When I ask about my service charge
HR told me that we will give you later
But after 1 month when I talk with my Previous HR she told me
We will not paying you service charge bcz ur not giving 1 Month notice Wich is mandatory
But there is no where mentione in appointment letter that 1 Month notice is mandatory and company can release me during my notice period
So how can I get my left over payment?

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Advocate Prem Chanda Yadav
Silvassa. Www.lawglobalhr.com
Vengadajalapathy
Sr. Manager
Neha Saha
Guest Services Associate

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Advocate Prem Chanda Yadav
7

go in written form and ask him. other wise u can ask him for legal action.
From India, Mumbai
Madhu.T.K
3767

What is meant by service charges? I have not heard about this component of salary earlier. What is this?
From India, Kannur
vengadajalapathy
Hi

As service charge is not a component of your CTC. You can not claim on it.

Hence it is solely decision of the management on service charge whether you can get it or not.

Just make sure you should get your pending salary, any bonus ( As per hotel policy) and reliving letter.

Thanks

S.V. Pathy

From India, Chennai
Dinesh Divekar
7556

Dear Mr Madhu TK,

"Service charge" means "an extra charge made for serving customers in a restaurant.". It is generally raised in 5-star hotels or star hotels. When the hotel guests avail of the services of the restaurant, the bill has two components, i.e., charges for the consumption of food or beverages and the service charge. The GST is charged on the sum of these two.

The service charges collected from the customers are used for the replacement of the crockery or the minor maintenance of the restaurant. However, a major portion of the service charge collection gets distributed among the staff members. Please note that the "service charge" is different from the "tip". While the former is a part of the bill, the latter is paid voluntarily by the hotel guest and is generally paid in the cash.

Long ago, I had clarified the concept of "service charge". You may click the following link to refer to it:

https://www.citehr.com/196843-work-r...tml#post881520

Recently, there was a controversy on the collection of the service charge by the hoteliers. The government may bring legislation to ban the collection of service charge. You may click the following link to refer to the news:

https://www.news18.com/news/business...r-5780293.html

Regards,

Dinesh Divekar

From India, Bangalore
Madhu.T.K
3767

Ok, Ok in general it is called TIP! In big hotels they use to have a tip box to which the guests can put their Tips and the same is opened and distributed among the eligible persons which shall include those behind the curtain, ie, Commis, chefs, periodically. But that cannot be claimed as a right and now a days with the system of payment by cards has become very popular, the practice of paying such service charges does not even exists.
From India, Kannur
Dinesh Divekar
7556

Dear Mr Madhu TK, Sir, the "service charge" is not a tip. I have given an explanation of it in my previous reply. Regards, Dinesh Divekar
From India, Bangalore
saswatabanerjee
2319

Your share of "Service Charges" is not a mandatory part of your earnings, unless it was specifically stated in your appointment letter. Therefore, it is not compulsory for the employer to pay it to you. You should have considered this when leaving with less than full notice period. When you have been unfair to the company, do you expect them to be considerate to you?
From India, Mumbai

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