Resigned Without Notice During Probation: How Can I Claim My Full Salary?

I was working with an NGO as a teacher, and they offered me a salary of INR 18,000 per month. I was on probation for 3 months but left after 48 working days. I haven't signed any document regarding the notice period, and it wasn't communicated verbally either.

Now, after 2 months of resignation, when I am asking for my dues, they are deducting 15 days' salary citing a standard notice period for which I haven't signed any documents, nor was I verbally informed. The management claims that in India, a standard policy of a 15-day notice period exists even if an employee has not signed one.

Please advise me on what I should do now.

Regards,
Deepika.

In India, there is no act or provision that regulates deductions without written proof for a 15-day salary. There is no standard format, and the clause should be mentioned in the appointment letter regarding the notice period. If you have not signed any documents, you can resolve this through mutual understanding between both parties. The process from both ends was non-documentary, so it needs to be resolved mutually.

Notice Period Practices in India

A general practice in India is to have a 30-day notice period. The rules of the institute apply irrespective of whether you read them or not. You should have asked for a copy. Once you have started working, there is an implied acceptance of the organization's rules.

Apart from general practice, it is specified in the standing orders of most states. You need to see what your state rules state. Most state shop and establishment rules also provide standard notice periods. You can check what applies to your state. However, I don't think educational institutes are covered under shop and establishment acts.

Leaving without notice, in fact, without even informing verbally, is very unprofessional. If I were there, I would not be inclined to pay anything. If you are referring to there being no written documentation of your joining, then also remember there is no proof of you having worked there. Thank your stars that they are paying you at all.

Hi, thank you so much for your advice. May I know where I can check about Maharashtra's standard notice period? I do have documents to prove that I had worked with them, including emails, an acceptance letter, and copies of attendance sheets. And yes, I had checked with the previous employees about the no notice period policy while joining. I also informed them about my resignation through a proper email, giving them 48 hours to make an alternative arrangement. Please advise.

Regards,
Deepika.

Thank you so much for your advice. May I know where I can check the Maharashtra standard notice period? I do have documents to prove that I worked with them, including emails, an acceptance letter, and copies of attendance sheets. Additionally, I confirmed the absence of a notice period policy with previous employees when I joined. I also informed them of my resignation through a formal email, providing them with 48 hours to make alternative arrangements. Please advise.

Regards,
Deepika.

Please refer to the Industrial Employment Standing Orders Act. Check the model standing orders for Maharashtra. It will give you the notice period that applies when nothing was specified in the appointment letter. Also, check out Maharashtra Shops and Establishment Rules.

About leaving without notice, I wrongly read your original post, I guess. However, giving 48 hours' notice, meaning basically 2 days (not necessarily even 2 working days) in a school scenario, where it would result in academic progress being affected, is still highly unprofessional.