Kalyan Bhaskar 12 May 2017

Waiving of Notice Period by Employer without request

I was a faculty on contract in one of leading academic institutes in India till last month. My employment terms mentioned that either party can terminate employment by giving a notice period of one month or salary in lieu thereof. There was no mention of waiving notice period by the employer. Accordingly I had submitted my resignation letter on 19th April, giving one month notice and requesting to be relieved on 31st May. However the head of the institute replied that he has waived my notice period and I am released with immediate effect. Further he tells me that institute will not pay me salary for one month notice period that was waived. Can the institute waive notice period without specific request by the employee and without any such provision in employment letter? Can the institute get away with not giving salary for the notice period citing the clause of waiving of Notice Period?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 May 2017

Since you were resigned from the institution. So waiving of notice.

Kalyan Bhaskar 12 May 2017

I had planned for this one month notice period while negotiating joining date with another organization. I had stated that "the undersigned wishes to resign from the services of institute with effect from 1st June 2017. As per rules I need to serve at least one month notice period and the same May be considered from 20th April to 31st May. As such 31st May would be my last working day in the institute". Can the employer waive notice period without giving the employee any notice or salary in lieu thereof?