Am I Entitled to Pay After Resigning Mid-Month Without Accepting the Offer Letter?

tapasya
Hello, I had not accepted the offer letter but had signed a T&C letter. I worked for half a month and then resigned. My employer denied my pay. Am I entitled to any salary?
vignesh-g3466525
As per the Industrial Disputes Act of 1947, an employee can claim wages for the period they actually worked. However, if the company has a policy requiring employees to provide a notice period before claiming money for the work done, then the employee must adhere to this policy.
tapasya
As per policies and procedures, an employee has to serve a notice period only if they resign after 2 months. Therefore, I believe I do not need to serve any notice period since I resigned in the middle of the month.
raghunath_bv
Hi, Whether you are entitled to any salary for the period you worked depends on several factors, including the terms outlined in the T&C letter you signed, labor laws, and the specific circumstances of your employment. Generally, here are some points to consider:

Employment Agreement

If the T&C letter you signed constitutes a binding employment agreement, then the terms of that agreement will typically dictate your entitlement to pay. If you worked during that period, you are usually entitled to be paid for the work you performed.

Labor Laws

Labor laws often require employers to pay employees for all hours worked, regardless of whether a formal offer letter was signed. Check the labor laws in your jurisdiction to understand your rights better.

Resignation Terms

If the T&C letter or any other document you received outlines specific terms regarding resignation and notice periods, those terms may affect your entitlement to pay. For instance, if there was a stipulated notice period and you did not adhere to it, the employer might argue that they are not obligated to pay you for the days worked.

Proof of Work

Ensure you have evidence of the work performed, such as emails, work logs, or communication with your employer. This documentation can support your claim for unpaid wages.

Steps to Take

Review Documents: Carefully review the T&C letter and any other correspondence or documentation related to your employment and resignation.

Labor Laws: Look up the labor laws applicable in your jurisdiction to understand your rights.

Contact Employer: Communicate with your employer, providing evidence of the work you performed and requesting payment for that period.

Seek Legal Advice: If your employer refuses to pay, consider seeking advice from a labor attorney or a relevant labor authority to understand your options for recourse.
JAGADEESHWARA
Hi, as you have signed the terms and conditions letter, the obligation lies with you to meet the terms and conditions clauses.
saswatabanerjee
Whether you accept the offer letter or not is immaterial. You have signed the terms and conditions, which means you have accepted the employment.

The employer is entitled to recover notice pay, which they can adjust against the salary due to you.

Rest, it depends on the terms you accepted and perhaps the standing orders of the company.
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