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Am i entitled to salary for the work done during the notice period?


27-Jun-2023 (In Labour & Service Law)

On termination by my employer with 30 days' notice, can I insist on one month's salary and then leave my job immediately? I would also want the employer to pay all other dues.

 

Answers (1)

Answer #1
204 votes

On termination by your employer with 30 days' notice, you are entitled to salary for the period for which you have worked and can ask for one month's salary. All will depend on the terms / conditions of your letter of appointment.

You are also entitled to all statutory dues such PF, gratuity, bonus etc as well as other benefits admissible to you according to the law.

We would not suggest claiming the 30 days' payable salary and leaving the job immediately as no employer would process an advance salary for the notice period and under most circumstances it gets processed with the Full & Final settlement post your last working day. 

Said this, even if you are able to get your salary advance and do not complete the desired notice period tenure, your company can recover the advance paid under various legal provisions.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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