Does employee get salary during notice period?
When an employee resigns he/she is normally obliged to work out the notice period that is stated in his/her contract of employment or that is required by law. This is because the purpose of a notice period is to allow you to find a replacement and ensure there is a smooth hand-over so business can continue without interruption despite the employee’s resignation. If your employee resigns without giving you notice as required by law or in terms of the employment contract, he/she is in breach of contract and you don’t have to pay notice pay in such a situation. If, after he's/she’s given notice, the employee doesn’t work out her notice period you don’t have to pay her (no work, no pay). If the employee gives late or short notice that’s a breach of contract, you can either hold the employee to what’s left of the contract or cancel and sue for damages. If the employee doesn’t give proper notice and you choose to hold her to the contract, then the contract terminates after the full period of the notice. You will get your salary as you get in normal course. But, if you resign without serving the notice period, then the company is entitled to recover the notice pay. The Company will not hod your salary for all the 3 months or notice period. if it holds, then it is illegal.
Is it true that the HDFC Bank will withhold salary for the 3 months notice period, for employees who are resigning?
Every Appointment letter have following Clauses :Clause - "In case you decide to leave the Bank's Services after confirmation, you will be required to give 90 days Notice.The bank in its sole discretion may decide to waive off / reduce the notice period depending upon the http://exigencies.In such cases, you have to pay to the bank the gross salary for the notice period so reduced or waived off."Clause- "Joining Competitor:- In the event of termination of your services or your resignation from the service of the bank, you shall not join any banking or financial service company for a period of 6 months from the date of termination / resignation".If you give your notice period , HDFC Bank will not withhold salary for the 3 months notice period, for employees who are resigning.Foot note : Impt regarding not serving notice period & getting absconded - Service - Labour & Service Law
Is it true that the ICICI Bank will withhold salary for the 3 months notice period, for employees who are resigning?
HiI am not aware of ICICI bank policy. But, the general practice that every company follows if the employee is serving 3 months notice period is as mentioned below:When an employee tenders his resignation then the immediate manager informs the HR dept about the same. HR does update the record and then puts the last month salary on hold which needs to be settled alongwith F&F settlement.Normally last months salary is put on hold to see if any recovery is to be done from the employee if applicable. If not, then as per the company policy F&F selttlement is done and whatever amount needs to be given to the employee is handed over.Best thing to do out here is to contact ICICI bank HR person who wold be able to guide you. Also refer to the policy documents which I am sure would be available on the intranet.
My company refused to give experience letter.What should I do?
Most of the companies do not give experience letter for a tenure of less than 6 months, and yes training period or probation period is not counted as work experience.Please understand if you were under training during your probation period the company was investing in you and you were not a productive resource for the company. And hence it is not counted as experience, it was the learning.Now to answer your question, to your future employer you can show the salary slips and the resignation letter that you have sent to your current employer. Most of the companies accept these as the authentic document to prove your tenure with a company which is not giving out a relieving letter or an experience letter.Good luck.
Is it legal in India for my employer to hold my salary for a complete 2 months notice period?
The simplest way to solve your problem is to stop turning up for work.Most employers put clauses in their contract which would never hold up under legal scrutiny. They get away with it because most never bother to examine their contract before signing or check with a lawyer first. Most employees abide by these oppressive terms because they are afraid of potential consequences, when in reality they are unlikely to suffer any damage at all.This answer is not a substitute for professional legal advice. This answer does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. Seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire. Quora users who provide responses to legal questions are intended third party beneficiaries with certain rights under Quora's Terms of Service (http://www.quora.com/about/tos).