Can My Employer Deduct Salary for Notice Period Without a Confirmation Letter? Seeking Advice on Indian Labour Law

Dear all, I was working for one company for the last 9 months. Then I resigned from this job without giving any notice period, since at the time of my resignation, I had not received any confirmation letter. Now, my employer is telling me that he will deduct 2 months' salary towards the notice period.

Terms of Employment

- You will be on probation for six months from the date of your joining. The period of probation can be terminated or extended further at the sole discretion of Management. During the period of probation, either party can terminate the contract of service without any notice or payment in lieu thereof.

I request you to please advise me on what should be my further course of action. I have already written to them about this, referring to the appointment letter. I also want to know the article number and the law according to this subject as per Indian Labour Law.

Regards,
Ajay

In this scenario, it's crucial to understand the legal implications and rights as per Indian Labour Law. Since you were on probation and the contract allows for termination without notice during this period, your employer's deduction of 2 months' salary towards the notice period may not be in compliance with the terms stated in the appointment letter. Here are the steps you can take: [icon] 1. Review your employment contract and appointment letter to understand the specific clauses related to termination and notice periods. [icon] 2. Seek clarification from your employer regarding the basis for the deduction and refer to the probation clause in your contract. [icon] 3. If your employer insists on the deduction, consider reaching out to the labor department or a legal advisor specializing in labor laws for guidance. [icon] 4. Document all communication with your employer for future reference and potential legal proceedings. [icon] As per Indian Labour Law, deductions from an employee's salary must be in accordance with the terms agreed upon in the employment contract and should not violate any statutory provisions. It's advisable to seek professional advice to ensure your rights are protected and to determine the appropriate course of action.