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Karthikeyan Subramanian   06 September 2022

Can an employer relieve an employee who is on notice period without pay?

Hi

I resigned from my services with my existing company and have given 3 months notice. My contract says either party should give 3 months notice. But mentioned that Employer company resrves the right to payment of salary in lieu of Notice Period.

Will i get compensation if employer waive my notice period and send me immediately since i am ready to serve 3 months notice.

SUBRAMANIAN



Quick Summary
An employee has resigned and given the contractual three months' notice. They are asking if their employer can terminate their employment with immediate effect and whether they are entitled to pay for the remaining notice period. While the contract allows for payment in lieu of notice by the employer, the employee's situation seems to be about the employer waiving the notice period. The general consensus suggests 'no work, no pay', but if the employer chooses to relieve the employee early, they might be entitled to salary in lieu of notice, especially if the notice period end date was specified.

 4 Replies

RVB (assistant)     07 September 2022

i think not, No Work no pay, suppose if company is reliving employee/s, company will give 3 months salary in advance and terminate their services with immediate effect, but ur case is different...

P. Venu (Advocate)     07 September 2022

Does the notice you have given mentions date on which you have requested to be relieved?

Karthikeyan Subramanian   07 September 2022

Yes... 90th day was mentioned

P. Venu (Advocate)     08 September 2022

In that eventuality, to my understanding, you are entitled for salary in lieu of Notice Period.

For a more informed discussion, you may post the issue in citehr.com


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