I have been working in a company for the last 7-8 months. Due to a hostile working environment, I decided to resign and submitted my resignation letter. They accepted it. Now, regarding the payment for the 18 days I worked there, they are refusing to release the outstanding amount, citing that I did not provide a notice period. I find this unfair as they accepted my resignation without mentioning the need for a notice period beforehand. It seems unjust that they are now using this as a reason to withhold payment. This practice could be exploited by companies to avoid paying employees simply by claiming the lack of a notice period. If they accepted my resignation, they should have either clarified the notice period requirement or not accepted it at all. Is there a way to address this situation effectively?
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Does your letter of appointment mention any clause about the notice period?
Your letter of appointment, resignation, as well as acceptance, must be reviewed before proceeding further. Technically, the company may adjust the notice pay amount in case of failure to serve the notice period. Otherwise, you have to approach the appropriate forum to recover the outstanding wages of 18 days. For this, information such as the nature of your job, company details, etc., is required.
From India, Kolkata
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247Your letter of appointment, resignation, as well as acceptance, must be reviewed before proceeding further. Technically, the company may adjust the notice pay amount in case of failure to serve the notice period. Otherwise, you have to approach the appropriate forum to recover the outstanding wages of 18 days. For this, information such as the nature of your job, company details, etc., is required.
From India, Kolkata
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Yes, in the appointment agreement, there is a need to serve a notice period. But if they didn't ask for the same at the time of my resignation and accepted my resignation, are they not in the wrong? Either they shouldn't have accepted it or should have told me to serve a notice period.
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Understanding Appointment Agreement and Notice Period
The appointment agreement letter outlines what an employer can do and what an employee should do. If you do not report to work from the date of joining for a week (for example), it means you are breaching the agreement, not the company.
Similarly, accepting a resignation is the duty of the employer. If the employer accepts the resignation, and you do not serve the notice period as per the mutual agreement, it constitutes a breach of the agreement from the employee's side. The notice period starts automatically the day after the resignation is accepted unless specified otherwise in the agreement with any subsidiary clause.
From India, Noida
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The appointment agreement letter outlines what an employer can do and what an employee should do. If you do not report to work from the date of joining for a week (for example), it means you are breaching the agreement, not the company.
Similarly, accepting a resignation is the duty of the employer. If the employer accepts the resignation, and you do not serve the notice period as per the mutual agreement, it constitutes a breach of the agreement from the employee's side. The notice period starts automatically the day after the resignation is accepted unless specified otherwise in the agreement with any subsidiary clause.
From India, Noida
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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf