How Can I Get My Final Salary After Resigning from a Small Software Firm?

Hi, I was working in a small software firm with 10 employees. I've sent my resignation letter to the CEO with a 10-day notice period. On the day of relieving, he asked me to serve a 1-month notice period as it is mentioned in the offer letter. I asked him, "Why is this being questioned today? Why not before the initial 10 days (on the date of resignation)?" He then told me to deduct 20 days' salary as I was serving only a 10-day notice period. I agreed with him.

Later, he asked me to collect my documents and salary. After at least 7-8 phone calls and 3-4 emails, he asked me to come to the office to collect. However, upon my visit, he only provided me with the documents, not the salary. He mentioned, "I'm trying to give you one month's salary. You have to wait."

It has been 3 months now, and when I called him, he responded with, "Why are you calling me now? Is this the right time to call (it was 5 PM)? Call me tomorrow."

Please suggest how I can proceed to obtain my salary.

Thanks in advance.

Generally, a company will hand over the Full and Final Settlement amount within a maximum of one month after being relieved from the company. The maximum period they can extend it to is two months, and they should call the employee to complete the exit formalities. If they haven't issued your F&F, send an email to HR and the MD stating that your F&F is pending and request a response. Mention that if you don't receive any reply from the management, you will be sending a legal notice to the company.

I have shared my view. Guys, please correct me if I am giving a wrong suggestion.

If you have a Joining Letter and it states that you must provide one month's notice before leaving the company, failure to do so will result in the company reimbursing your one month's salary. This practice may be applicable. However, if you do not have an appointment letter and your company has only issued an Offer Letter, then the Offer Letter holds no significance.

During the probation period (less than 9 months), you are not entitled to receive payment for the 20-day notice period.

If your employer fails to settle your Full and Final (F & F) dues, send a request letter detailing your length of service, good character, and referencing the 10-day notice period. Your employer is likely to respond and settle your F & F.

Regards,
Soniya Bhardwaj
Manager HR

Your request is acceptable. However, legally, the company is within its rights to seek a deduction for 20 days' salary against the remaining Notice Period. This condition is clearly stated in your Offer of Appointment and was acknowledged by you at the time of joining.

Nonetheless, you are entitled to request payment for any outstanding dues from the company, and they are obligated to fulfill this payment.

Thank you.

Regards,
Anand
Manager (HR)

Thank you, Ratnakaram, Soniya, & Anand. I'm asking him for only that 10 days' salary. However, he is not responding to my mail and phone call. Should I politely ask again, or should I warn him about a legal notice?

Notice Period and Salary Adjustment

You are required to give a 30-day notice. You have worked for 10 days, so you need to pay back for 20 days. Ten days are to be adjusted from your salary due, as you worked for 10 days.

Why would they pay you for 10 days? You actually have to pay them for 10 more days. What is the value of 10 days' pay? Is it worth a lawyer's fee that will, in the end, amount to nothing? It might be better to close the matter amicably, as you will need his reference for future jobs.

In my case, I have served a complete 3-month notice period. As per the contract, they have withheld my last month's salary, which you will receive with your Full and Final settlement. Now, two months have passed, and they are disconnecting my calls and not responding to emails. The corporate office personnel are unresponsive. If they do pick up my call, they mention that they have other employees' Full and Final settlements to process; I am not the only one in this situation. I am in need of funds, but they are not providing me with a proper timeframe.

I was working with a PVT LTD company where our salary cycle is from the 1st to the 30th of every month. I resigned on the 7th of April, and my last working day was the 20th of April, which means I have a shortfall of 16 days in the notice period.

My company has given the following adjustment:

1st to 6th April - Normal working days
7th to 20th April - 14 days' notice period served against the applicable 30 days. Hence, the shortfall is 16 days.
16 days - 6 days that you worked until the 6th of April = 11 days recovery.

Now my questions are:

1. Do I have to make the cash payment for the 11 days?
or
2. Should it be:
- Normal working days: 6
- Notice period served: 14 days
- Shortfall of notice period: (30-14) = 16 days
- Net pay: {(14+6)-16} = 4 days (the company will pay me)

Regards