Notice Period Confusion: Can My Company Withhold My Salary and Benefits?

Notice Period and Salary Withholding Issue

I was working at Vectus Industries in Haridwar as a supervisor from September 7 to November 25. During my probation period, as per the appointment letter, I was required to give a one-month notice prior to my resignation. However, I resigned without serving the notice period. Currently, my salary for the month of November is being withheld by the company. When I spoke to my general manager, he mentioned that I must fulfill the notice period or they will deduct one month's basic salary.

The question arises because they did not specify in the probation column of the appointment letter that my notice period salary would be in lieu. This information was mentioned in another section that discussed termination after confirmation.

Furthermore, if I choose to provide them with one month's basic salary, am I still entitled to the other gross benefits outlined in my CTC salary breakdown, such as bonus, house rent allowances, mobile allowances, and my PF which has not been submitted to date? My CTC was 15,353, and my cash in hand salary was 11,542, with a basic salary of 7,150.

Regards

It seems quite surprising to know that there is no reference to the notice period during the probation period. Are you sure that it was nowhere stated, even in the HR manuals, in case the terms and conditions of the HR manual were binding on the employment letter?

If there is no mention of termination of employment during the probation period, and it is specifically mentioned that "either party would be required to serve one month's notice for severing the relationship, after confirmation by the employer," then you were free to resign during the probation term. But, if the clause says that "either party would be required to serve one month's notice for severing the relationship," then your employment was governed by a one-month clause, regardless of the probation period or otherwise.

Best wishes!