Is My Friend Entitled to His Last 13 Days' Salary Despite No Notice Period Clause?

Salary Dispute and Resignation Query

One of my friends joined a company a few months back. He worked with that company for about two and a half months. During his tenure, he did not receive any offer or appointment letter. He only received a letter of intent at the time of the interview (as an offer), and it did not have any notice period clause or any salary or package mentioned on it. The HR offered him 10,500 Rs, but when he received his salary for the first month, it was according to 9,200 Rs as there was no salary mentioned in the letter. He was not happy with this. So, he disputed that amount with the management, and finally, the management agreed that he was offered 10,500 Rs because the HR had noted the amount offered on the candidate's CV.

It is their policy not to issue an appointment letter to any candidate before the completion of one month, and they do not mention the candidate's salary on the letter of intent. They mention the salary offered to the candidate on the CV only for their reference in a rough format. However, he did not receive the disputed amount even in the second month's salary as promised by the management and HR. So, he began raising the issue with the management daily. Eventually, the management agreed and paid him the disputed amount in the middle of the third month. As soon as he received the disputed amount from the management, he resigned from the company. However, they were not accepting his resignation. So, he officially resigned on the manager, HR, and TL's official email IDs. He did not serve the notice period as there was no clause regarding the notice period in the letter of intent. Apart from that letter, he had not signed any other document. He asked the HR numerous times for the offer/appointment letter, but he did not receive it.

When 45 days had passed since the resignation, and he called the HR for the salary of 13 days for that month, she started making excuses (like the accountant is not here, it's the end of the month, you will get F&F tomorrow). The date she provided him with, after that, she avoided picking up his calls. He felt harassed by the company. Finally, he called his manager regarding the salary for those days, and the manager mentioned that he might have to pay the company (basic salary) as he did not serve the notice period. This situation has left him in a dilemma and tension.

So, respected seniors, my query to all of you is whether he is eligible for the salary of those days or not? And if he applies for F&F, does he have to reimburse the company (basic salary) as he did not serve the notice period?

Your early response will be highly appreciated, and it might help him receive the salary for those days from the company.

Thanks & regards,

Mukesh

Hi Seniors,

One of my friends joined a company a few months back. He worked with that company for about two and a half months. During his tenure with that company, he did not receive any offer or appointment letter. He only received a letter of intent at the time of the interview (as an offer), and it did not contain any notice period clause or mention any salary or package. The HR offered him 10,500 Rs, but when he received his salary for the first month, it was only 9,200 Rs as there was no salary mentioned in the letter. He was not happy with this, so he disputed the amount with the management. The management eventually agreed that he was offered 10,500 Rs because the HR had noted the amount on the candidate's CV. However, he did not receive the disputed amount in the second month's salary as promised by the management and HR. He raised the issue daily with the management until they finally paid him the disputed amount in the middle of the third month. After receiving the disputed amount, he resigned from the company, but they were initially not accepting his resignation. He officially resigned via email to the manager, HR, and TL. He did not serve the notice period as there was no notice period clause in the letter of intent, and he had not signed any other letters. He repeatedly asked for an offer/appointment letter but did not receive one.

After 45 days since his resignation, when he contacted HR for the salary of 13 days for that month, she began making excuses (like the accountant is unavailable, it's the end of the month, you will receive your F&F tomorrow). The date she provided for payment passed, and she avoided his calls. Feeling harassed, he approached his manager regarding the salary for those days, but the manager mentioned that he might have to pay the company (basic salary) as he did not serve the notice period. This situation has left him in a dilemma and tension.

Seniors, my query to all of you is whether he is eligible for the salary of those days or not? If he applies for F&F, will he have to repay the company (basic salary) for not serving the notice period?

Your prompt response would be highly appreciated and could assist him in receiving the salary for those days from the company.

Thanks & regards,

Mukesh

Before that, just clarify one thing. Is your friend working in an export company in Chennai? On reading this, I felt the same way I was cheated by an organization in 2007 by not issuing my one-month salary. I have no proof of working there. I only worked there for one month, and the MD promised me ₹15,000. If they are in the garment export business, simply drop an email to the buyers; the rest they will take care of. This is what I did, but as I haven't received any letter of offer or payslip, I am unable to prove my tenure there.

Thank you for your response and advice. To clarify, he was working in a BPO in Gurgaon. As proof, he has an I-card from that organization, and he also received a salary of 10,500 in the second month through online money transfer into his salary account from that company. What should he do in this scenario?

Query Regarding Salary Eligibility

Respected seniors, my query to all of you is whether he is eligible for the salary of those days or not? And if he applies for F&F, does he have to make the payment (basic salary) back to the company as he did not serve the notice period?

Your early response will be highly appreciated, and it might help him receive the salary for those days from the company. Please reply.

Thanks & regards,
Mukesh

Legal Rights Regarding Salary and Notice Period

Salary is the legal right of any employee. If the organization has not issued any appointment letter or confirmation letter in which the notice period clause is mentioned, they can't force your friend to serve any notice period. If the organization refuses to pay the full and final settlement, which includes earned leaves (2.5), bonus (two months and thirteen days), and salary for pending days, your friend should simply lodge a complaint with the local Assistant Labour Commissioner. The ALC will send a notice to the company. He should seek assistance from the government authorities available for employees' rights.

Thanks and regards,

Vikas Sharma
Assistant Manager - HR

I think your friend should just forget about the 13 days of salary as he is not going to get it. All he will do is waste time and distract himself from his new job or whatever else he is doing.

2.5 months of work in any organization missing from his CV also rarely causes a problem, so that is not a significant matter. If asked, he should say that he left after 2.5 months as they were not paying the promised salary.

It's better if he does not refer to this work period, as any reference to the company by a new employer will only result in a bad remark from HR or the concerned manager.

Thank you for your response and precious time. My friend is already working with another very good organization, and in fact, after leaving them, he received a good opportunity and a good package. However, the point is he doesn't want to forfeit the salary for those 13 days he served at that organization. This is because they never respected any of the employees' feelings and emotions. Before taking any action, he wants to ensure whether he is eligible for the salary of those days.

Full and Final Settlement Query

If he applies for Full and Final Settlement, does he have to repay the company (basic salary) as he did not serve the notice period?

Therefore, I am seeking help from seniors and HR professionals to guide me on this matter. Respected seniors, please assist my friend by sharing your opinion and knowledge.

Thanks & regards,
Mukesh

Ask your friend if 13 days' salary is worth losing his current job. If the answer is yes, then go ahead, complain to the labor office, send a legal notice, etc. His attention will be distracted from work, plus he will need to take repeated leave from work to attend hearings, etc., and pay for lawyer's fees. For all you know, the previous company may send a notice or letter to the new one. I am quite sure his existing employers will not like that.

Can anyone help me? My name is Amitkumar Shami. I was employed at Chaitanya Chemicals (a partnership firm) located in Malkapur-443101, Dist. Buldana, Maharashtra, as an Assistant Manager from 2nd June 2008 to 13th May 2012.

As mentioned above, I worked with the organization for more than three years. Due to personal reasons, I resigned from my job following the procedure (i.e., one-month notice period duly acknowledged by the CEO). As of 24th June 2012, they have not completed my full and final settlement.

I submitted my one-month notice prior to resignation on 13th April 2012, which was accepted by the CEO, who mentioned that all dues up to 12th May 2012 should be cleared. I cleared all my dues by 12th May 2012 and was relieved on the same day. They assured me that my salary for May (up to 12th May 2012) would be paid as usual in the next month, and they would also clear my balance EL, bonus, and PF claim. However, till date, they have not completed my full and final settlement. I have all the legal documents as follows:

1. Copy of Resignation Letter duly signed.
2. Relieving Letter duly signed.
3. Experience Certificate duly signed.
4. Copy of No Dues Certificate duly signed.
5. Copy of Data and Assets Handover Certificate duly signed.
6. Appointment Letter duly signed.
7. Promotion Letter duly signed.

To date, I have communicated with the management regarding the F&F settlement multiple times via email and verbally, but they are not responding. One of the partners replied that they would take legal action against me, alleging that I tampered with or erased data from the computer. If such an incident occurred, how could they have relieved me from my services?

Dear sir, please suggest the legal way to secure the release of all my payments from the employer (i.e., balance salary, encashment of EL, bonus, and my PF).

Waiting for your favorable reply.

Regards,
Amitkumar Shami