I joined Capgemini on 25-06-2021 and resigned on 26-06-2021 due to a health condition. As per HR discussion, after verifying documents, they told me they would keep me on Loss of Pay for the next 90 days before releasing me. During this period, I received a salary as well. Now that my notice period is over, they have sent an email regarding the amount due. I am inquiring whether I am required to pay it back or if I can utilize it for medical purposes.
Note: I do not require relieving documents.
From India, Bengaluru
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Note: I do not require relieving documents.
From India, Bengaluru
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Certainly, the poster has to pay back whatever amount of salary he received during the spell of his loss of pay. Just the next day of his joining, the poster seems to have resigned, indicating his indecisiveness though some health condition cited to be a reason. The fact that without accepting his immediate resignation, the employer on his own told him to be on loss of pay for the next 90 days shows that they put him on notice period. But they paid him salary for the said period of loss of pay, and the poster had actually received it without any objection is not at all understandable.
The common industry practice is not allowing the resigning employee to avail of any leave during the notice period. But here, if the employer's intention is to strictly enforce the exit clause, they could have accepted the resignation subject to the condition of either actually serving the notice period or buying it back. Maybe, therefore, there could be some communication gap between the attendance and payroll processes. But it would not be fair on the part of an employee with a single day's service in the organization intending to keep the money paid by inadvertence as if an assistance for his medical treatment.
Anyway, whether he wants the relieving papers or not, he is under a legal obligation to pay back the amount which was not due.
From India, Salem
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6185The common industry practice is not allowing the resigning employee to avail of any leave during the notice period. But here, if the employer's intention is to strictly enforce the exit clause, they could have accepted the resignation subject to the condition of either actually serving the notice period or buying it back. Maybe, therefore, there could be some communication gap between the attendance and payroll processes. But it would not be fair on the part of an employee with a single day's service in the organization intending to keep the money paid by inadvertence as if an assistance for his medical treatment.
Anyway, whether he wants the relieving papers or not, he is under a legal obligation to pay back the amount which was not due.
From India, Salem
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