How Can I Ensure I Get Paid for My Notice Period Before Leaving My Job?

mvraji
Hi, I am working in a private company. I joined here in April, and now I am going to get married by the end of October. I want to resign properly, but my employer has my original degree certificates. I informed them about my marriage, and they agreed. I submitted my two months' notice period on August 19, 2011, via both email and written document. The salary date for August is September 10th, but I have not received my salary yet. Can I receive my salary for the two months' notice period? Please advise me on what steps I should take to ensure I receive my salary.

Thank you.
weresolve
When approaching HR, inquire about the reasons why your salary was not paid. Additionally, review your offer to check for any conditions beyond the notice period that your company may have specified.

Regards,
AE.AM
mvraji
Thanks for your response. In my appointment letter, they have mentioned a 2-month prior notice period or payment of 2 months in case of immediate resignation. That's the extent of the conditions stated. Kindly advise.

Regards,
Raji
mvraji
Hi AE. AM, I discussed with my HR Department. The response I received is that my name has been removed from the payroll process because I have been given the notice period. So, the salary will be delayed, and also HR is not sure about the salary date. They asked me to wait but didn't specify how long I should wait to receive the salary. I feel this is not the proper response. Please advise.

Regards,
Raji
mvraji
Advice Needed on Salary and Notice Period

What do I have to do in this situation? I cannot pay two months' salary, and I cannot just leave my two months' salary. Please advise.

Regards,
Raji
weresolve
In the notice, you will not receive your salary. Since you are serving a 2-month notice period, you will get your salary in the final settlement or at the time of relieving from the company.

Regards,
AE.AM
mvraji
Thanks for the information. If I didn't receive my salary at the final settlement or on the last date of my relieving, what should I do?

Warm Regards,
Raji
weresolve
In the notice, you will not receive your salary. Since you are serving a 2-month notice period, you will get your salary in the final settlement or at the time of relieving from the company.

Regards,
AE.AM
weresolve
You will surely get your salary as you are serving your notice period. Get in touch with other employees of your organization or employees who have left the company after serving their notice periods. I don't think that the company will withhold your two months' salary.

Regards,
AE.AM
saswatabanerjee
We also follow the same practice. If someone gives notice, we provide the full salary in the final settlement. The salary is not paid out in the intervening period.

Many other companies in software and related fields do the same. Talk to HR and your reporting manager to get clarification on it.
himani.j
Every company has its own policies. In one of my previous organizations, they used to follow a practice where if you resigned on the 9th of August, they would hold your August month's salary and release it in October when they processed the payroll for September for all other employees. Your September month's salary will be withheld and will be paid in your Full and Final settlement along with your other dues.

Thanks,
Pallavi
hemanthkm
Don't worry, you will receive your salary for 2 months as a single payment through a cheque. This is the usual practice followed in all companies, but you need to wait for a month from your last working day.

Cheers
Aarti Jaindani
You will surely get your 2-month salary from the company. Every company has a different procedure for Full and Final (F&F) settlements. For example, in my company, we release it 45 days after the last working day. If your last day was on September 1st, you can expect to receive it on October 15th. Be proactive in following up with them consistently.

Regards,
Aarti.
ijsubhi@gmail.com
Dear, you cannot do anything; it is up to the management of the company's will. If they are interested in giving, then they will give; otherwise, you have two options.

1. Forget about the salary and move forward to seek new employment after marriage.
2. If you take the matter to the labor court, you have a chance to receive your dues. However, your reputation will be ruined, and in the future, you may not receive the desired service and salary, especially if you move far from your hometown. It is very difficult for the common person to manage.

With regards,
Inder Jit Singh Ubhi
ANIL PILLAI
Understanding the Notice Period

The concept of a notice period is basically a time given by both sides for making alternate arrangements. Nowhere is it mentioned that an employee may not be paid for working during the notice period, nor can an employer withhold the legal salary/wages. There are various redressal forums for grievances of this kind. However, the best and advisable mode is to settle the dues amicably.

Regards,
Anil Pillai
mvraji
I discussed with my HR department. They informed me that you are under a one-year probation period. During this probation period, notice for relieving will not be accepted. Therefore, you are required to serve a two-month notice period without salary; otherwise, you will have to pay two months' salary for an immediate resignation. Please advise.

Regards,
Raji
saswatabanerjee
Notice Period During Probation

During probation, in many companies, the notice period does not apply, and you can leave with just 7 days' notice. I have not heard of any case before where you have to work 2 months without pay for them. You may as well walk off right now without handing over or relieving as it makes no sense to stay. They should have clarified this to you before. Is this information in the manual/employee handbook or appointment letter?
mvraji
Hi, thanks for your response. In my appointment, they mentioned the following: "Probationary or trainee desirous of leaving the services of the company shall give 2 months' notice in writing to the HOD. If any employee leaves the service without such notice, without sufficient and satisfactory reason, he/she will be liable to pay the management 2 months' salary in lieu of such notice."

But I submitted my relieving letter notification in written format by Aug 19th, 2011. Please advise.

Regards,
Raji.
saswatabanerjee
Your appointment letter should clearly state that work is not to be done without salary. Giving 2 months' notice means providing a written notice and continuing to work as a regular employee for the duration, with salary as usual.

I would recommend speaking to your Managing Director or another senior executive in your company immediately. If it seems that the situation is not improving, then you may consider simply walking away. In such a case, I would advise you to file a complaint with the labor office if you are eligible, to address the issue and potentially put pressure on the company. (My general advice is to move on and not dwell on such matters).

There are quite a few labor lawyers on the site; perhaps you can reach out to them personally for assistance.

Thank you.
mvraji
My degree certificates are with my management. That's why I am sitting patiently. Can you suggest any labor lawyer in and around Coimbatore?

Regards,
Raji
weresolve
There are so many labor lawyers in Coimbatore. You can better speak with your management and get a positive result. Are you working in Coimbatore or any other place?

Salary Eligibility During Notice Period

As per the offer, you are eligible for a salary since you are giving a proper 2 months' notice. Even the top 5 MNCs in India do pay salary when an employee gets relieved during probation.

Regards,
E. Aademalan
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