Contract completed - Still notice was pay recovered
2 months ago
I was working with Flipkart on a Contract and I left Flipkart as my contract was ended with the approval of my reporting manager, who did not informed me about any deductions or notice period, while leaving. As per the contract, I fulfilled my duties until the specified last date, But the Payroll HR Team deducted my 1 month of salary stating that I have not served notice period.
When tried reaching my manager, he says he already departed from flipkart and cant be able to follow up on this. I also had a conversation with my payroll team and HRBP but they say we have proceeded as per the company policy and nothing can be done about this.
Please let me know how can I go ahead with this.
Resigning per the offer letter terms concludes the employee-employer relationship after the notice period. Refer to the employment contract for governing conditions; breaching terms may lead to legal repercussions. If the contract specifies a notice period, resigning without serving it may result in the company claiming one month's salary. Address breaches through mutual resolution or negotiation. While approaching the Labor Commissioner for settlement is an option, acceptance depends on the authority's discretion. In essence, adherence to employment terms is crucial, and consequences for breaches can be legally enforced or settled amicably.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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If you tendered your resignation following the terms of the offer/appointment letter then on the expiry of the notice period, the relationship between employee and employer gets severed/seized. In the prevailing situation, you need to go through your offer letter that governs the relationship between an employee and employer. Breach of any condition of the offer letter or contract of employment by either party becomes liable to face legal consequences. If the terms of employment contain a clause of service of notice period or payment in lieu of notice period, in that case, if an employee tenders his resignation without serving a notice period as required, the company can claim one month's salary in lieu of notice period from the outgoing employee. So, for a breach of terms of employment, you have to face the consequences if it is not otherwise negotiated or resolved mutually between the parties. You may approach the concerned Labour commissioner praying for an amicable settlement, but it exclusively depends upon the discretion of the concerned authority to entertain or to consider your appeal.
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