Am I Entitled to My Last Month's Salary After Early Release from My Job?

I worked at a pharmaceutical company for more than 5 years, starting in August 2008, and I resigned on the 7th of October 2013, giving one month's notice. I sent my resignation on the 7th of October, but they released me at the closing hours of midnight on the 5th of October, which was a Sunday. However, they sent the letter on the 6th of November 2013. Now, the final settlement paper has arrived, but they have deducted one month's salary. I have not received any communication after sending my resignation letter, nor have I received any instructions from my superiors. In the meantime, I have joined another company. Am I eligible to claim one month's salary? Kindly advise me on how to proceed in handling this situation if I am correct.

Regards,
K. Senthil

I am writing to seek clarification regarding the deduction of one month's salary as per the conditions outlined in my appointment letter concerning the notice period. It is my understanding that upon serving the requisite notice period, the salary should not be deducted. However, I was surprised to find that my salary for the last month was withheld despite complying with the notice period.

Could you please provide an explanation for this deduction and clarify the circumstances under which the deduction was made? I would appreciate it if you could shed some light on this matter at your earliest convenience.

Thank you for your attention to this issue.

Regards,
Pon
Chennai

Notice Period and Salary Deduction

Generally, one month's notice needs to be given in writing. You resigned on the 7th but were relieved on the 5th. It is fair to deduct one month's salary.

Sir, below is the reply I received from my previous company:

We would like to clarify your queries as follows:

1. A one-month notice is required to be given by both parties so that the company can retain the leaving employee for 30 days to settle all issues and hand over the position to their senior or the new person. During this notice period, the employee should not undertake a new assignment or join any other company until the official relieving letter.

In your resignation letter dated 07.10.13, you indicated that you were resigning with effect from 07.10.13 and requested an early relieving. In fact, ADL should have retained you until 06.11.13 and relieved you then, forcing you to join the new company afterward. However, due to our recommendation, they considered your case for fast relieving on 07.10.13 so that you could join quickly and not lose your opportunity. In any case, the relieving was done as per your request without any liability to the company.

He worked in a company for more than 5 years. Is he eligible for gratuity?

If you are not willing to serve the 1-month notice period and are requesting immediate relief, they are within their rights to recover 1 month's notice pay from you.

I can share my experience. I had a notice period clause of 3 months, but I requested early relief after serving one month's notice. They relieved me after deducting the shortfall of 2 months. In this case, they were justified in doing so.

Best regards,
Pon