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Anonymous
Hi! I recently resigned and requested for an early relieving. My manager accepted the request and advised HR for a shortened transition and relieving me in a week. I duly started the process of no dues. However, now, HR is saying that while they have waived the notice period, I will need to pay three months salary!

My understanding is that if the notice period is waived, the organisations has agreed to let me go and neither I can claim for any salary for notice period nor the company can ask me to pay for notice period. Would appreciate if you can advise. Thanks much!
18th September 2017 From India, Hyderabad

Dinesh Divekar
Business Mentor, Consultant And Trainer
Ashutosh Thakre
Hr Professional
Rajan-2017
Executive

Once your notice period is waived off then you should not be asked for payment of any notice pay. You may ask to your HR for the same.
18th September 2017 From India, Delhi
Thanks Mridula! I had the same understanding. Thanks so much for confirmation.
18th September 2017 From India, Hyderabad
Dear Rajan,

HR may have accepted your application of early reveling, thereby you would need to pay the difference in the notice period days. That is what i understand from your query. SO please check with what the HR has said in writing, then what has been verbally communicated.
19th September 2017 From India, Mumbai
Thanks Ashutosh! I think there is some misunderstanding here, and of course someone confused me as well. To me, the concept of notice period is that a work may bed the emoloyee to stay for 3 months (or whatever is the notice period), and notice period ensures that emoloyee leaves after completing the task. However, if he wants to leave early, and management doesn't waive notice period as there may be some work, he will need to pay notice period so that the company can get the work done by hiring the replacement and make him complete the pending job. However, if the management waives notice period, it essentially means that the emoloyee may leave and doesn't need to pay anything, as he is not expected to serve the notice period.

The notice period and the salary for the notice period go hand in hand and are two different entities. If both parties willingly waive notice period, no one should pay anything. However, if any party doesn't waive and insists for notice period, the other party needs to either serve for the duration of pay the equivalents.

Just thought to put my understanding. I see there is a lot of confusion which creates issues for both the parties. In fact, people, mostly enoloyer side, try to exploit the employees.

Thanks all for reply.
19th September 2017 From India, Hyderabad
Pls excuse typos. I meant notice period and corresponding payment are NOT different entities.
19th September 2017 From India, Hyderabad
Dear Rajan,

This is a clear case of misunderstanding arising out of usage of wrong words in the communication. HR should have not have used the word waiver in his communication. The dictionary meaning of waiver is refrain from insisting on or using (a right or claim) OR to not demand something you have a right to, OR not cause a rule to be obeyed.

In the written communication from HR, he/she should have written that condition of serving notice period before exit has been diluted however, condition of payment in lieu of incomplete notice period will remain unchanged. This kind of proper structure of sentence would have brought clarity.

That is why it is said that written communication is not that easy.

Thanks,

Dinesh Divekar
19th September 2017 From India, Bangalore
You should go through your offer documents and company policies before taking any action.
21st September 2017 From India, Bengaluru
Dear Annonymous,

In 1st case would suggest you to check, if an offer letter has been given, if so what is the notice period.

If the notice period is given in offer letter , that is what should be given as notice period on resignation. Until, there is an bond and it has been broken and you need to compensate otherwise by so many months.

So, where there is clear waiver by the management saying that, the notice period has been waived off. only shortfall of notice has to be paid, if notice period in not fully served by the resigning employee.

thanks
23rd September 2017 From India, Visakhapatnam
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