RAMASUNDHAR NAGARAJAN (REGIOANL MANAGER) 08 January 2010

NOTICE PERIOD PAY

MY TERMS OF APPOINTMENT WITH THE CURRENT EMPLOYER IS TO SERVE 3 MONTHS PERIOD OR BUY THE NOTICE PERIOD .

TAKE THE FOLLOWING CASE : AN EMPLOYEE SUBMITS HIS RESIGNATION & IS WILLING TO SERVE THE NOTICE PERIOD IN FULL. HOWEVER, AFTER HE COMPLETES 45 DAYS , THE COMPANY RELIEVES HIM & DOES NOT PAY HIM THE NOTICE PAY FOR THE BALANCE 45 DAYS. THE LOGIC GIVEN IS THAT NOTICE PAY IS PAYABLE ONLY IN CASE OF TERMINATION BY THE EMPLOYER & IN THIS CASE, SINCE THE EMPLOYEE HAS SUBMITTED HIS RESIGNATION ON HIS OWN, IT DOES NOT APPLY.

ADVISE WHETHER THE EMPLOYEE WILL GET HIS 45 DAYS NOTICE PAY OR NOT IN CASE IF HE GOES TO COURT?

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 08 January 2010

In the instance case, the proper relieving is either the Company buys out the remaining notice period or permit you work for that remaining period. In what manner did they relieve you! Did you accept any full and final settlement. Do not sign any full and final settlement document unless until the relieving is properly done. Going to court would take a long time for relief. You may approach the local labour authoirites after giving a written notice. ( you may issue this setting out the terms of conditions, the date of submission of you resignation and their acceptance subject the notice period requirement.

vasudevan

jagadish paranjape (Advocate) 16 January 2010

The employee is not likely to succeed in labour court,and his claim for 45 days salary is unjustified.The employer has an obtion to waive notice period and if he chooses to do so,he is not liable to pay wages for notice period.This is because the notice by an employee is for the benifit of employer,and he can opt for not availing that benefit.