Resignation After Revision Of Salary But Before Getting The Credit

I received the letter for revision of salary on August 08, 2013. The letter was dated July 01, 2013. The revised salary was with effect from April 01, 2013. Now before getting the credit of my salary in arrears, I submitted my resignation. On knowing this, the HR department refused to give me the arrears of my salary. Also, they refused to increase my salary for the remaining period. Please let me know if there is any way to get the arrears of my salary.

Dear Abdulhusain,

For this salary raise, you are not eligible to receive arrears in the next six months because you are on a probationary period. Therefore, you should not request these arrears in the following month of your date of joining. If management is willing to provide the arrears, then it is acceptable. However, according to legal regulations, you are not entitled to them. If any conditions were discussed during the interview, that is acceptable. However, if no conditions were set, you did not request any arrears.

As per your understanding, during the probation period, management will determine the amount of increment to be given to employees. You are not pursuing any legal action in this matter.

Dipal Patel

The main thing is that management will decide all these decisions.

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Dear Dipal,

Thank you for your prompt reply, but let me explain my position. I am not a new joiner. I have been working with the organization for 2 years. The salary revision I am referring to is the annual performance appraisal. Please guide me.

Ya Abdul,

As per the law, you are definitely eligible for the revised salary. However, the main thing is that the date of issue of the increment letter is not important but the effect of that revised salary is the main thing.

So, you should directly go through the management decision. After all, the management is the heart of the organization. Therefore, you just need to talk to the management regarding that, not more than that.

But, the management will not play a role like that.

Dipal Patel

Well, I would say that there's no law that allows you to claim the arrears; it is solely a management decision. If the management agrees on the same, there is no legal recourse against them.

Ya, there is no law for the revert of arrears, but it depends on management policy.

Please let the forum know when you received the salary revision letter, whether you were on the notice period or you resigned after receiving the salary revision letter. Also, let us know how it matters if the salary revision arrear is not credited to your account as you have already decided to leave the company. I mean to say, what if you would not have received the salary revision letter till the last date of your employment, and what if your salary has been revised, and will your status of leaving the job change? If so, whether you have communicated it to the HR and if yes, what is their response on the same.

Most of the MNCs/Professional-owned companies do not refuse to pay the salary revision.

I do not think there is any law (particularly in the private sector) that defines whether you should receive it or not. In government sectors, whether at the central or state level, it is applicable. Employees receive arrears not only after leaving but also after retirement.

As per my personal opinion, they should provide it because they have declared this and informed you by letter. However, ultimately, it depends on the management.

Dear Abdul Hussain,

If the management issued you a letter of revised salary effective from 01.04.2013 on the date 01.07.2013 and you resigned after this date, but until now, the management has not issued any letter to cancel the previous one, you can receive the arrears salary from April 2013.