Can I Claim My Increment and Avoid Notice Period Penalty After Resigning in India?

Dear Members,

I recently resigned from my Indian company just one day before the official announcement of increments. However, prior to my resignation, I had discussed with the payroll team regarding my increment, and they confirmed the revised amount on WhatsApp, which I have as a record.

The increment was pending for the last 6 months.

Kindly advise:

Can I legally claim the increment based on the confirmation message, even though the formal letter was not issued before my resignation?

Can I also request payment for the unserved notice period, or is the company within its right to recover it?

Looking forward to your expert guidance.

In India, as per labor laws, if you have documented evidence such as a confirmation message from the payroll team regarding your increment, you may have a legal right to claim the pending increment even if the formal letter was not issued before your resignation. However, the company's policies and employment contract terms regarding notice periods and recovery of unserved notice periods need to be considered.

To address your concerns effectively, follow these steps:

1. Review Your Employment Contract: Examine your employment contract to understand the terms related to increments, notice periods, and recovery policies.

2. Seek Legal Advice: Consult with a legal professional specializing in labor laws to assess the strength of your claim based on the provided evidence and the company's policies.

3. Initiate Communication: Reach out to the HR department or relevant authority in writing, referencing the confirmation message and requesting clarification on the increment and notice period payment.

4. Negotiate Amicably: If the company disputes your claim, try to negotiate an amicable resolution through discussions or mediation.

5. Escalate if Necessary: If the company refuses to honor your claim and you believe you have a strong legal case, consider escalating the matter through legal channels or labor authorities.

Remember, each case may vary based on individual circumstances and company policies. It's essential to approach the situation professionally and seek guidance from legal experts to protect your rights effectively.