Notice Period Waiver - Knowledge Transfer - CiteHR
Archnahr
Consultant, Writer And Trainer
Ritashelankar
Recruitment, Training And Development, Performance
Consultme
Agile Solutionist
+1 Other

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Hi,

Below provided is the clause related to the notice period in my organization. Here the minimum period mentioned is 1 month.

Whereas the company reserves the right to request service of notice or pay salary in lieu of, your notice period waiver or payment in lieu will be at the sole discretion of the Company, but in no event will be less than the minimum period required by applicable law

Also given below an excerpt from the resignation letter that I had provided.

Would request you to do the needful to arrange for a smooth transition of information(Knowledge Transfer, if and whatever needed), and subsequently release from the company as per norms (hopefully the release date should not be later than 22nd March-23rd March, 2011)

This resignation letter was put forward on 22nd Feb, 2011.

After this, I was released on 23rd Feb without my consent, and it might turn out that I would not get the salary for the notice period, as well as the yearly bonus(which is a huge amount) which I should have got if I was there in the organization till a certain date in the notice period's time. Its also evident that might also be a reason for releasing me early.

So, would seek advise from some of the best minds here as of:-

1. As per the norms, if I understand correctly, they should pay me the proper dues i.e. the salary for the notice period which I was willing to serve. Am I correct?

2. I should also be entitled to receive the bonus (which was supposed to be disbursed on a date within the notice period I had agreed to serve), as the amount had been declared, and they have tactically released me.

Would wait for your honest non-partial opinions.

Thanks,

Utopian
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Your 'separation date' can be a date prior to actual relieving date. This is up to the management.
However if you are willing to serve the notice period as per offer, even though management send you home with immediate effect, they are supposed to pay you notice pay (can be treated as separation by management). So in both the cases, I think management bound to pay notice pay.
Unable to comment the Legal aspects here because, we may need to check the appointment order, bond/contract if any, standing orders or Conduct and appeal rules etc., before and you need to approach the management with an appeal initially and if they are not considering, you may consult a labor law expert and proceed with.
Hi Utopian,
As per the clause mentioned by you here, the company is liable to pay the notice pay, but the same clause can also mean that they can relieve you whenever they want after they receive the resignation letter.
As suggested by consultme, you can contact a lawyer to understand the exact meaning of the clause.
All the best..
Regards,
Archna
hi
you have to follow lines of appointment letter for notice period and if you are not serving within notice period your salary will be deducted and in your case company has to pay notice pay and tactically not paying /ignoring than contact any labour law for the same
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