Navigating Notice Period Compliance and Salary Forfeiture in Relieving Formalities

Hi friends, I am Chaitra. I worked with a private limited company and resigned, but I didn't serve my notice period of one month due to some personal reasons. However, I have cleared all my relieving formalities with all heads' signatures. The HR now says that they are not going to pay my salary for the work I have done; they are going to forfeit the salary due to the notice period not being served.

Could you please advise me on the procedure to claim my salary for the time I have worked?

Thank you for your help.

Handing over and relieving formalities do not mean that you have fulfilled the employment contract conditions. They have the right to recover the notice pay.

Pon, Chennai

Dear Chaitra,

As per standard rules universally followed, there is a provision in the appointment letter that states if you wish to leave the company, you are required to give a one-month notice or an equivalent amount can be deducted from your salary.

Since you did not provide the full notice period to your employer, the corresponding amount will be deducted from your Full & Final settlement. I believe that after the settlement, there are no pending amounts to be paid to you. Therefore, that is the reason why they have mentioned that they will not be making any payments to you.

Regards, Tushar Swar

Yes, sir, I agree with your point. However, while signing for the clearance letter, they said that they would provide the salary and clearly mentioned that the uniform cost would be recovered from the salary due. Why didn't they clarify at the time of handing over itself?

Dear Chaitra,

You have mentioned that you have not served your notice period due to personal reasons. If you have been leaving a company for whatever reasons, you should ensure that you are complying with the clause in the appointment letter for the notice period.

Exit formalities and clearance letter procedures vary from company to company. Handover formalities are different.

If you have signed the final settlement sheet issued by your HR, with the amount due from the company mentioned, they have to pay. If not, please check your appointment order terms.

Regards,
Santhoshini

Chitra,

If you fail to serve the notice period, the company reserves the right to forfeit your salary to compensate for the lack of resources during the notice period, even if the heads have signed your papers. The company is well within its rights. Do not be misled.