Hi Everyone,
I have queries relating to serving the notice period and full and final settlement thereof.
Background:
One of my friends, who is working with a big corporate company, has resigned from the job and was to serve a 30-day notice period to the company as per the clause in the appointment letter. However, as he had to join his new company within 15 days, he requested to be relieved in 15 days and provided proper handover during his 15-day notice period, which the company agreed to verbally.
Now, his settlement is not being done by the company, and his salary for the previous month and the 15-day notice duration is being held, with the reason given that he has not served the complete notice period of 30 days.
Queries:
1. What should the employee do to get his salary for the number of days he worked with that company?
2. If the company doesn't cooperate, what other options can the employee opt for to get his salary paid?
Regards,
Katyayna
From India
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I have queries relating to serving the notice period and full and final settlement thereof.
Background:
One of my friends, who is working with a big corporate company, has resigned from the job and was to serve a 30-day notice period to the company as per the clause in the appointment letter. However, as he had to join his new company within 15 days, he requested to be relieved in 15 days and provided proper handover during his 15-day notice period, which the company agreed to verbally.
Now, his settlement is not being done by the company, and his salary for the previous month and the 15-day notice duration is being held, with the reason given that he has not served the complete notice period of 30 days.
Queries:
1. What should the employee do to get his salary for the number of days he worked with that company?
2. If the company doesn't cooperate, what other options can the employee opt for to get his salary paid?
Regards,
Katyayna
From India
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Dear Katyana,
If a one-month notice period term and condition are mentioned in the appointment letter, it is the employer's right to deduct the notice period. The employee is bound to serve the notice period, and the employer is bound to provide the notice period payment at the time of termination, as per the terms and conditions stated in the appointment letter.
Regards,
Mukesh Sharma
From India, Delhi
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3If a one-month notice period term and condition are mentioned in the appointment letter, it is the employer's right to deduct the notice period. The employee is bound to serve the notice period, and the employer is bound to provide the notice period payment at the time of termination, as per the terms and conditions stated in the appointment letter.
Regards,
Mukesh Sharma
From India, Delhi
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Hi,
The company cannot keep the matter open for long. Most appointment letters would have a clause enabling the firm to deduct the salary amount due for a shortage in serving the notice period. I think your colleague should pressurize the firm to pay up what is due to him after deducting the shortage in the notice period. If the firm is unwilling to see the logic, the only other option, I guess, would be to approach the labor officer and file a complaint.
Regards,
Mahesh T Nair
From India, Coimbatore
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The company cannot keep the matter open for long. Most appointment letters would have a clause enabling the firm to deduct the salary amount due for a shortage in serving the notice period. I think your colleague should pressurize the firm to pay up what is due to him after deducting the shortage in the notice period. If the firm is unwilling to see the logic, the only other option, I guess, would be to approach the labor officer and file a complaint.
Regards,
Mahesh T Nair
From India, Coimbatore
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Dear Mr. Katyayana,
Normally, in all appointment letters, notice is required from both sides. If either party fails to serve notice, the employer/employee will be liable to pay one month's salary. In this case, your friend has provided notice, but the notice period is short by 15 days. Typically, in such situations, a good company would deduct 15 days' wages from the settlement amount and pay the balance. This practice is standard.
I recommend that your friend speak to the HR department of the company regarding this matter.
Regards,
Ls
From India, Lucknow
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Normally, in all appointment letters, notice is required from both sides. If either party fails to serve notice, the employer/employee will be liable to pay one month's salary. In this case, your friend has provided notice, but the notice period is short by 15 days. Typically, in such situations, a good company would deduct 15 days' wages from the settlement amount and pay the balance. This practice is standard.
I recommend that your friend speak to the HR department of the company regarding this matter.
Regards,
Ls
From India, Lucknow
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Appointment Letter to an Employee for fixed period.doc