Hi, one of my friends submitted his resignation while he was on probation. The company did not accept his resignation, so he served 28 days instead of the usual notice period of one month. He requested HR to accept his resignation email, but they refused to do so. Consequently, he decided to leave the company on his own terms. However, now they are withholding his salary. Is there a rule that governs his payment in this situation?
From India, Ahmedabad
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Hi, The notice period timeframe depends on the terms and conditions of the appointment order issued to your friend. Instead of 30 days, your friend completed 28 days' notice. In all fairness, the employer should pay the full and final settlement after adjusting the 2-day shortfall. The employer has no right to hold the salary.

Your friend can follow up for the salary through email or RPAD letter. In case of no response from the employer, advise your friend to contact the labor officer of the respective jurisdiction who can intervene for a solution.

From India, Madras
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