Resigned Before Diwali: Will My Notice Period and Final Pay Be Affected?

I have resigned from my current job. As per the rule, if you are not confirmed, you have to serve a 12-day notice period. I sent my resignation on 7/11/2018 via email to my MD and HR.

Notice Period During Diwali Vacation

Since we have our Diwali vacation from 07 November to 12 November, will my 12-day notice period be counted during this Diwali vacation?

Salary Hike and Confirmation Letter

I have been working with this organization since June 2017. In September 2018, I received a salary hike upon my request, as I had been assured of a salary hike after one year. However, I have not been provided with a confirmation letter. Hence, my question is, will the management relieve me on 18/11/2018? Will they pay me my 18 days' salary?

Full and Final Payment Concerns

In the past, cases indicate that whoever leaves is informed that their full and final payment will be made after 45 days. After 45 days, they tend to create issues and harass employees with fake legal cases for not providing the pending day's salary.

Considering the situation you described, here are some practical steps you can take:

1. Understanding Notice Period: In India, the notice period typically excludes public holidays and weekends. Since your resignation was sent on 7/11/2018 and Diwali vacation was from 07 November to 12 November, these days should not be counted in your notice period.

2. Salary Payment: As per Indian labor laws, your employer is obligated to pay you for the notice period, including any pending salary. If there are delays or issues with payment, you can refer to the Payment of Wages Act, 1936, which outlines the rules for timely salary payments.

3. Confirmation Letter: While a confirmation letter is not mandatory, it is advisable to have written documentation of your employment terms, including salary hikes. You can request a formal letter from your HR department confirming your employment details and salary revisions.

4. Full and Final Settlement: If your organization has a practice of delaying full and final settlements, you can remind them of the legal implications. The Payment of Gratuity Act, 1972, mandates that final dues should be settled within 30 days of your last working day.

5. Legal Protection: If your employer resorts to harassing tactics or fake legal cases, you can seek assistance from the Labor Commissioner's office or a legal advisor. It is important to document all communication and maintain records of your employment history for legal protection.

6. Seek Clarification: Before your last working day, clarify with your HR department about the exact date of relieving and the payment schedule. Request a written acknowledgment of your resignation and the terms of your exit to avoid any misunderstandings later on.

By understanding your rights under Indian labor laws and proactively addressing any potential issues, you can navigate your resignation process smoothly and protect your interests.