Can My Salary Be Deducted for Not Serving Notice During Probation? Legal Insights Needed

I want to know if there is any deduction in the salary if the notice period is not served during the probation period. As I informed the organization verbally about my resignation and served the complete notice period, one day before my last day, they said that they would accept a written resignation only. However, at that time, I did not have time to serve again according to the written resignation dates. It was nowhere mentioned in their HR manual and joining letter about the deduction in the salary if one does not serve the notice period during probation or as a permanent employee.

So, is it legal to claim my salary for the notice period?

Possibly, I see a clear case of misunderstanding. Did the company mean giving a written resignation for their records, which they should have asked you to do on the same day when informed verbally? Probably they missed doing so and hence asked you to give a written application now, but that surely did not mean you had to serve the notice from the date of the written application. If there is no clause regarding notice pay against the notice period, then you can very well claim your salary for the time served. But for sure, you have learned a lesson for a lifetime to keep things in black and white.

Submitting Your Resignation

Always remember to submit your resignation with the required notice period in writing when the terms of employment are clearly stated. If you have verbally informed the management of your decision to resign, as Hiral mentioned, their request for a written resignation may not necessarily mean that the notice period will begin from the date of the written resignation. It could be considered effective from a retrospective date only. You can address any misunderstandings by discussing it with the HR department.

Regards,
B. Saikumar
Mumbai

Before joining any organization, you have to sign an acceptance letter, which you might have already done. According to the signed documents and HR policy in every organization, you should submit a written resignation letter. A verbal resignation is of no use, as it does not provide any proof that you have resigned. Therefore, you do not have any right to settlement from the company, nor can you take any legal action against the company.

If you had given a written resignation, the first step is to serve the complete notice period, obtain your clearance, and then your settlement will be processed.