I joined a pvt. ltd. company on 12-May-23 after getting offer letter. There was probation of 90 days. I asked for appointment letter after joining so HR said you will receive appointment letter after completion of probation period of 90 days which is generally given after 15 days of joining. I got salary of May-23 month. on 20-Jun-23 founder of company asked me to resign else company will terminate me that will be negative for my career so I resigned and got relieved from my duties on same day by handing over assets (laptop) and the work (source code) I did so far. HR didn't ask me to serve notice period. HR didn't tell that they are not going to pay me salary for 20 days of June and experience/relieving certificate. I waited for salary date 5th of subsequent month (5-Jul-23) I didn't received any salary. I called HR so they are saying we are startup and we have to streamline funds so we can't pay your salary.
Is serving notice period necessary to get paid salary of days I worked before resignation ?
Please let me know where I am wrong or what proof/evidences more needed to get paid my 20 days of salary ?
From India, Mumbai
Is serving notice period necessary to get paid salary of days I worked before resignation ?
Please let me know where I am wrong or what proof/evidences more needed to get paid my 20 days of salary ?
From India, Mumbai
Hi,
It is not a fair employment practice.
Appointment Order should be issued on the day joining. No such concept of issuing the same after Probationary period.
Based on the advise of Employer you had submitted resignation which means you should have provided with one month notice time frame one month pay in lieu of the same. Rather they are denying the 20 days salary and relieving letter as well.
You can make a request in writing to the employer else can take up the matter to Labour Officer of your office jurisdiction for justice.
From India, Madras
942It is not a fair employment practice.
Appointment Order should be issued on the day joining. No such concept of issuing the same after Probationary period.
Based on the advise of Employer you had submitted resignation which means you should have provided with one month notice time frame one month pay in lieu of the same. Rather they are denying the 20 days salary and relieving letter as well.
You can make a request in writing to the employer else can take up the matter to Labour Officer of your office jurisdiction for justice.
From India, Madras
Hi Lakshmi,
I was not asked to serve notice period since I was costlier resource for them and they were feeling like I was not delivering work at that speed they wanted so serving notice period will lead to spend more money so they didn't ask me to serve notice period otherwise I was ready to serve notice period but payment of notice period is different from payment of the days I work before resignation so what should I do serve notice period to get paid ?
From India, Mumbai
I was not asked to serve notice period since I was costlier resource for them and they were feeling like I was not delivering work at that speed they wanted so serving notice period will lead to spend more money so they didn't ask me to serve notice period otherwise I was ready to serve notice period but payment of notice period is different from payment of the days I work before resignation so what should I do serve notice period to get paid ?
From India, Mumbai
Hi,
Whether Employer likes or dislike is immaterial.
If they doesn't want your services they should pay you the proper salary as per separation clause.
Please write a letter to Employer through Registered Post with Acknowledgement Due requesting for notice period salary + balance 20 days salary + relieving letter. Frame the letter properly stating " Based on your instruction I have submitted my resignation letter dated____ and you had relieved me on_____. However even after the lapse of___ days from my relieving I haven't received Full and Final Settlement which includes my June,2023 salary & my notice period salary. Also I'm yet to receive my relieving letter as on date. I hereby request you to release the above as I am unemployed now due to your sudden relieving from employment without notice and facing financial issues."
From India, Madras
Whether Employer likes or dislike is immaterial.
If they doesn't want your services they should pay you the proper salary as per separation clause.
Please write a letter to Employer through Registered Post with Acknowledgement Due requesting for notice period salary + balance 20 days salary + relieving letter. Frame the letter properly stating " Based on your instruction I have submitted my resignation letter dated____ and you had relieved me on_____. However even after the lapse of___ days from my relieving I haven't received Full and Final Settlement which includes my June,2023 salary & my notice period salary. Also I'm yet to receive my relieving letter as on date. I hereby request you to release the above as I am unemployed now due to your sudden relieving from employment without notice and facing financial issues."
From India, Madras
ok, thanks. I will send above letter to employer. Also are there any legal/law abiding documentation links to above scenario so that I can send the same to employer along with letter so employer will quickly release salary rather than taking it to any legal step ?
From India, Mumbai
From India, Mumbai
Hi,
Yes if you are having the Appointment Order you can keep the copy. But you claim you haven't received it ?
Do you have any proof that employer told you to submit resignation ? Tomorrow employer will claim that Resignation was your call and they haven't told to resign ?
From India, Madras
Yes if you are having the Appointment Order you can keep the copy. But you claim you haven't received it ?
Do you have any proof that employer told you to submit resignation ? Tomorrow employer will claim that Resignation was your call and they haven't told to resign ?
From India, Madras
Whether or not you need to serve a notice period to get paid your salary for the days you worked before resigning depends on the terms of your employment contract. If your contract has a notice period clause, you will need to serve the notice period in order to be paid your full salary. However, if your contract does not have a notice period clause, you are entitled to be paid your full salary for the days you worked, even if you resigned without notice.
In your case, it seems that your contract did not have a notice period clause. Therefore, you are entitled to be paid your full salary for the 20 days of June that you worked, even though you resigned without notice. The fact that the founder of the company asked you to resign does not change this. You are still entitled to be paid for the work you did.
The HR department's refusal to pay you your salary is illegal. You can file a complaint with the labor department in your state. You can also take the company to court to recover your salary.
As for the proof/evidences you need to get paid your salary, you will need to provide the following:
1. Your employment contract
2. Your resignation letter
3. Proof that you worked for the company during the month of June (e.g., timesheets, pay stubs)
4. A copy of the complaint you filed with the labor department or the court documents from your lawsuit
With this evidence, you should be able to successfully recover your salary from the company.
From India, Dombivali
In your case, it seems that your contract did not have a notice period clause. Therefore, you are entitled to be paid your full salary for the 20 days of June that you worked, even though you resigned without notice. The fact that the founder of the company asked you to resign does not change this. You are still entitled to be paid for the work you did.
The HR department's refusal to pay you your salary is illegal. You can file a complaint with the labor department in your state. You can also take the company to court to recover your salary.
As for the proof/evidences you need to get paid your salary, you will need to provide the following:
1. Your employment contract
2. Your resignation letter
3. Proof that you worked for the company during the month of June (e.g., timesheets, pay stubs)
4. A copy of the complaint you filed with the labor department or the court documents from your lawsuit
With this evidence, you should be able to successfully recover your salary from the company.
From India, Dombivali
I don't have any proof that I was told to resign since it was verbal communication since the could terminate me if would have not resigned which would be negative for my career. Only the proof are the employees who heard this but I am not sure they will give testimony of the same. If employer will claim that they didn't tell me to resign then the must be ready to give experience and relieving letter and/or 20 days salary. Can we prove by other way that I was asked to resign ?
What are the steps to be taken by employee and employer one by one to engage in fair association and part ways so that none of the parties feel betrayed or cheat each other ? How to ensure that employee and employer take their respective steps after certain event or time duration ( issue appointment letter on joining etc.) ?
In offer letter 1 month notice clause is there but if they not given me appointment letter, is there any law which tells to give appointment letter is necessary or 1 month notice is not required to serve if appointment letter is not given ? since under the circumstances I resigned I was trusting them that they will give me salary of 20 days and experience/relieving letter I didn't challenge them to terminate me.
Proofs I have :
1. Your employment contract
- Offer letter
2. Your resignation letter
- Email
3. Proof that you worked for the company during the month of June (e.g., timesheets, pay stubs)
- WhatsApp In/Out messages in attendance group.
4. A copy of the complaint you filed with the labor department or the court documents from your lawsuit -
- I will do once I have all the answers with me
From India, Mumbai
What are the steps to be taken by employee and employer one by one to engage in fair association and part ways so that none of the parties feel betrayed or cheat each other ? How to ensure that employee and employer take their respective steps after certain event or time duration ( issue appointment letter on joining etc.) ?
In offer letter 1 month notice clause is there but if they not given me appointment letter, is there any law which tells to give appointment letter is necessary or 1 month notice is not required to serve if appointment letter is not given ? since under the circumstances I resigned I was trusting them that they will give me salary of 20 days and experience/relieving letter I didn't challenge them to terminate me.
Proofs I have :
1. Your employment contract
- Offer letter
2. Your resignation letter
3. Proof that you worked for the company during the month of June (e.g., timesheets, pay stubs)
- WhatsApp In/Out messages in attendance group.
4. A copy of the complaint you filed with the labor department or the court documents from your lawsuit -
- I will do once I have all the answers with me
From India, Mumbai
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