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Employer forfeited salary on resigning without notice period
19-Mar-2023 (In Labour & Service Law)
Is there mention in indian law that bond period restriction to the employee Acctually i had left my previous job without any notice and employer have my 15 days salary on them He was signed by me on HR guidelines page on a simple paper (not on any stamp paper & company's letter head and written on them one point that if i left my job without any notice serve then they shall forfeit on the pending salary Kindly suggest that the employer can do the same
Dear Querist,
You and employee are only bound by the terms of the employment agreement or the conditions mentioned in the appointment letter/ or any guidelines issued by the company (Provided you were shown such guidelines at the time of joining)
Deduction of salary without serving Notice Period
Generally, companies have a clause of notice period wherein employee must work for the notice period and Full and Final is made after notice period is served.
Case-1 (notice period clause present)
If your company has notice period clause in employment agreement (on stamp paper) or appointment letter, and you left immediately after resignation, then they can deduct the notice period pay.
Case-2 (Notice Period Clause not present)
If there is no such notice period clause, then by law employer cannot deduct any pay from you and your last working day shall be considered as date of leaving for purpose of paying full and final.
I want to clarify that Bond period is a different concept which is different from Notice period. Bond period makes you bound to work for certain time (usually 1 year). Bond period is illegal but notice period is legal if agreed under employment letter/ agreement etc.
Hope it clarifies. I can suggest more only by reading the documents
You and employee are only bound by the terms of the employment agreement or the conditions mentioned in the appointment letter/ or any guidelines issued by the company (Provided you were shown such guidelines at the time of joining)
Deduction of salary without serving Notice Period
Generally, companies have a clause of notice period wherein employee must work for the notice period and Full and Final is made after notice period is served.
Case-1 (notice period clause present)
If your company has notice period clause in employment agreement (on stamp paper) or appointment letter, and you left immediately after resignation, then they can deduct the notice period pay.
Case-2 (Notice Period Clause not present)
If there is no such notice period clause, then by law employer cannot deduct any pay from you and your last working day shall be considered as date of leaving for purpose of paying full and final.
I want to clarify that Bond period is a different concept which is different from Notice period. Bond period makes you bound to work for certain time (usually 1 year). Bond period is illegal but notice period is legal if agreed under employment letter/ agreement etc.
Hope it clarifies. I can suggest more only by reading the documents
Helpful?
50+
50+
Adv. Prakhar Deep
Delhi | 25+ Answers
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