Am I Entitled to Salary During My Notice Period If Relieved Early? Seeking Advice

No Salary During Notice Period

I have resigned from my previous employer and given a 1-month notice period for relieving. However, management relieved me immediately as my job nature is highly confidential. Now, the company is not paying me the salary during my notice period. Kindly advise whether I am eligible for salary during my notice period or not, and what further action I can take.

Unless you have a clause in your offer of employment that states a one-month notice period on either side or one month's salary in lieu of notice, you will not be able to seek compensation for the notice period.

Regards,
M.V. Kannan

Since they relieved you immediately when you did not serve the notice period, it means they have waived off your notice period. In this case, since you have tendered your resignation, they have not compelled you to leave; they relieved you immediately considering your case. They are not liable to pay you notice pay.

Regards,
P. K. Mishra

Although your past employer is obligated to pay the notice period for 45 days, they have opted to pay only 15 days, which is not in line with the notice pay clause specifying 45 days on both ends in the offer of appointment. However, challenging this decision may not be the most advisable course of action in my opinion.

Provident Fund (PF) Claims

If they have deducted the amount from your salary, you can submit Form 19 to claim your PF and Form 10C to claim the Pension amount considering your tenure of just 6 months.

Gratuity Considerations

I assume the Gratuity amount was included in your Cost to Company (CTC) and not deducted from your monthly salary. If it has been deducted, it should be reimbursed to you. Given that you do not meet the eligibility criteria for gratuity, having served only 6 months while the qualifying period is 5 years, you are not entitled to claim Gratuity from your previous employer.

I trust this clarifies the matter.

Warm regards

Thank you. Actually, they forced me to resign, but the appointment letter clearly mentioned a 45-day notice period on either side. I was already aware of Gratuity, which can only be claimed after 5 years. However, in my payslip, they have been deducting Rs. 644 as Gratuity (4.83% of BASIC) from the date of joining. Now, I want to withdraw my PF and Gratuity.

I have tried contacting my seniors via phone and email, but they have not been responding properly. Could you please help me find out where I can register my complaint?

Regards, Ram, Madurai. [Phone Number Removed For Privacy Reasons].

My advice is on the link provided below: https://www.citehr.com/487253-employ...iod-norms.html.

Understanding Notice Period Obligations

As you mentioned, you were prepared to give a one-month notice to the company as per the terms and conditions of your organization. However, the company released you immediately upfront. In this scenario, the company is neither obligated to pay the notice period nor recover it from you. It is a mutual understanding between both parties without any dispute. If you had worked the notice period, then you would have been eligible for the notice pay.

Regards,
Tushar Swar

Notice Pay and Gratuity Recovery

Regarding notice pay, you have to send a letter to your past employer by registered post with acknowledgment due first and request the amount. For gratuity, if you have the payslips with you, take a photocopy of the 6 months' slips, total the amount recovered by your employer, and attach it along with a separate letter. Send it to them with the letter you have addressed for notice pay.

If this does not work, then you can approach the appropriate authority.

Regards