I was asked to resign by manager. I sent an email stating that I am resigning from today’s date and will be serving notice as per company policy. Now my salary has not been credited and I still have not recieved resignation acceptance. What are my rights?

Response

A notice period is an effective way by which the employer and the employee can part ways through better management of current scope of work. The Company will not hod your salary for all the 2 months. if it holds, then it is illegal. In most of the cases salary would be paid along with Full & Final Settlement. If the notice period is three months, then most of the cases company would pay first 2 months & the last month would be settled along with the Full and Final settlement.

Full & Final Settlement amount = Your salary on hold – Any pending dues employee needs to clear
This is a process called as Full and Final Settlement which is followed so as to ensure that if some employee has pending dues, company can directly deduct from the salary on hold and return the remaining dues.so,

In addition, employer also has to give Full and Final settlement document which explains which all deductions(if any) have been carried out, so that there will be no misleading deductions and information. Also, if you know yourself that there are any non-reimbursable deductions company has list them out, understand which all deductions might be there e.g. certificates company promised to reimburse but is not reimbursing since you’re leaving company, annual bonus component etc.

Now, in your case, If their policy explicitly states it as 2 months then that’s fine, since many organizations hold salary only for last working month. Please get the clarification if company doesn’t have any such policy mentioned anywhere in offer letter, appointment letter, confirmation or in email communication.

In the absence of any such policy in any of the documents mentioned above, please send a mail to HR or any Head who handles these responsibilities so that you can have proof. Keep tailing the employer post resignation for FnF and all your documents.

Reference:

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