Salary & Fnf Issues - Why am I being shown absent for September where i worked for it?

Ok, so here's the situation with me: I was working in a company, and when we joined, we had a 7-day notice period post-resignation during probation and a month for a regular employee. The company put up an updated appointment letter in the HR portal, where we were asked to serve a one-month notice period. The clause for probation was removed, and it was now a one-month notice period for every employee, and we all signed it. Now, the company asked me to file for resignation as I was taking leaves on a regular basis due to my indiscipline.

When I asked my HR what would be my notice period, she said since I was on probation, it would be a week. However, when I tried putting up my resignation on the HR portal, it showed a one-month notice period. After confirming with her, she advised me to file it via email. Following her guidance, I put up my resignation over email. After serving a week of notice period, I had to message her again to confirm that I officially served my notice period, and she accepted. All communication was documented via email.

My salary cycle was on the 7th, and I resigned on the 27th of September, serving until the 4th of October. I shared all the details via email, and she approved. However, I was expecting to receive a salary for September until October 4th, but I received a salary slip stating LWP for September. After inquiring, she acknowledged it was a mistake and would be included in my FNF.

Later, I received a salary slip for the month of October on the 15th of November, showing I worked the full month, although I was out from the 4th of October. I raised this discrepancy, and she assured me she would manage it. On the 2nd of November, the Main HR contacted me, stating that I was still in the portal as an employee. I shared all the details with them, and they requested all correspondence to be via email.

Subsequently, the state HR has been unresponsive. The issue remains that I have been marked absent for September and present for October, despite the actual circumstances being the opposite. I recently received PF credited for October but not for September.

On the 22nd of November, I noticed my access to the HR portal was revoked, and the HR is not responding to my calls. The situation is causing stress to my health and mind. I have already joined a new company on the 2nd of November.

I am considering legal action and seeking advice on how to proceed. My HR initially stated a one-month notice period upon resignation but changed their stance later. All communication, including the resignation email and notice served, is documented via email and approved by HR. I seek guidance on the next steps to address this situation effectively.

It appears from the big elaborate mail that the employer has made a mess in the communication system. If you are not a workman under the ID Act, any legal action will be a long-drawn process.

In fact, there is no law in India governing the notice period applicable for different categories of employees - probationers, workmen, supervisors, junior management staff, middle management staff, and senior management staff to be mentioned in the appointment letter. The prevailing practices in Indian organizations include no notice period, or a maximum of 15 days to 1 month notice period for probationers, 1 month to 45 days notice period for workmen and supervisors, 1 to 2 months notice period for junior management staff, 2-3 months notice period for middle management cadre, and 3-6 months for senior management cadre (6 months usually for MDs, Directors, etc.). These periods also vary from organization to organization.

I started my career with an MNC as a junior management cadre in the year 1976, and the notice period was 3 months. In all my organizations, it was consistently 3 months, with the last one being from 1994 to 2009, in DEC with another MNC.

I have noticed that even today, supervisors in one organization have a 3-month notice period, while middle management cadre in another organization mentioned in the appointment letter have a 2-month notice period.

S K Bandyopadhyay (WB, Howrah)

We agree that you are in an unenviable position and it is not so easy to come out of the situation unscathed. Before jumping to legal action, you may consider sending a self-explanatory email, attaching the previous emails with the local emphasis on the fact that you have acted as per the directions given by the local HR. Once you have agreed to a notice period of one month, the HR was not correct in stating that the notice period of probationers is only seven days. It is surprising to note that the local HR reiterated this position repeatedly later. The HO HR is oblivious to all these developments and, going by the rules, has counted you as absent after 4th October.

Now, how to come out of the situation and make the FNF settlement is not an easy task. So, you need to highlight all the previous correspondence and stress the removal of the factual mistake. With the repeated confirmation that your notice period is 7 days, they cannot now go back and assert that you have not served the full notice period, which you would have done had it been communicated clearly initially. Now that you are out of the organization and since the clock cannot be turned back, persuade them to settle the matter amicably. You can try to bring this to the attention of the higher management.

One question I have for you is, how much is the salary that you have not received, and how much excess did you get (since October is shown as present)? And if the amount is not significant, why is it 'taking a toll on your health'?

If you have already joined a new company, why are you so bothered about whether you were marked present or absent in the old company? Instead, you should focus on ensuring you do not get kicked out of the new company for similar indiscipline and excessive leaves.

Sir, my September salary was put on hold, and in October, I had to move to a new place without informing my parents. I had to use all my savings for the new place and had to borrow a small amount from friends. My new job has not paid me any salary yet; I will receive it next month.

Salary I had to receive yet is 48k.

Corrected version:

The salary I am yet to receive is 48k.

Today, I received an email from them stating that I have to serve a 58-day notice period. Nope, what to do?

Basically, in view of the urgency of the matter, you can do nothing. Your company has decided that you will need to serve a 58-day notice period, and the only way to settle the matter is to meet with them. If you have the resources - money, time, and the ability to survive - you can take the legal route, but I assume that is not the case.

You have signed the revised appointment letter, so the new notice period of 30 days applies to you. It is unclear why the email states 58 days; however, this is irrelevant as you only worked for 7 days.

The HR person made a mistake, but that does not excuse you from fulfilling the terms. The company is within their rights to withhold your salary until you complete the agreed-upon terms.

You may need to arrange a meeting with the HR head, providing all evidence, including proof that HR initially stated 7 days would suffice, to discuss a resolution.

So, madam, what I feel is they have shown me absent from 27th September, which amounts to almost 58 days post that. They have cleared my travel allowances for the month of September and October but have marked me LWP in the month of September where I worked, and shown full month working in the month of October. How's that possible?