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Sairam Sekhar (Consultant)     13 July 2014

Notice pay on resignation

The contract of employment states that either party has to provide 3 months notice for termination of the contract or make payment in lieu thereof.  I have a scenario wherein the employee has submitted the notice of resignation but has not requested for early relieving from the company.  The company has relieved the employee within 10 days of notice of resignation.  Will the person be entitled to get compensation in line with the contract of employment for payment in lieu of notice period since the company has broken the notice period clause on its own without consent from the employee .  If the employee has acknowledged receipt of the relieving cum experience letter does it imply that he has accepted the relieving from the company and acknowledged not to claim notice period compensation from the company.



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