Hi There, I worked with a consulting firm in Mumbai during 2012-2014 and I left the job in July 2014. This employer had a policy of 30 day notice period (from either side). After securing a better job in another company I had resigned from my position by sending a resignation letter via email. Surprisingly the company immediately excepted my resignation and released me on the very same day (it was a willful resignation initiated from my side. No disciplinary action or forced termination by employer), however they have not paid me for a 30 day notice period which I suppose they should have. So I have below questions:
(1) Is there any time frame within which I should have/ could initiate action against the company? I.e. Am I still eligible to take action against the company considering the fact that its already been almost 3.6 years since I left the employer..
(2) If I am still eligible - How do I get the company to pay me for the 30 day notice period?
Thank you in advance for answering the questions.

From India, Aurangabad
Insolvency N Gst Professional
Management Consultancy
+1 Other

Prashant B Ingawale

Please enjoy this coming 30 days with your family. You can not take any action as Employer has not forced you to serve 30 days notice period rather they relieved you early.
From India, Pune
Prashant, Thanks for reply. I am talking about my former employer and not the current one. I left this job in 2014. I am asking this question because today at work one of my colleague who had gone through similar situation mentioned that I should have received 30 days pay as per my the employers policy. Please note that it was the company who relieved me early while I was ready to serve full 30 day notice.
From India, Aurangabad

Did you give 30 days notice in your resignation notice?
If so and then company relieved you immediately, you have a case.
But again time has gone by and limitation bar would be in place.
At best you can write a letter to the company and ask for the notice period pay.
Any way remember that litigation is expensive.For 30 days pay you may end up paying your advocate equivalent to 60 days pay.
Forget and move on in life.

From India, Pune
Dear Nathrao, Thank you for your reply. No I did not mention of 30 day notice in my email however had mentioned this during a verbal conversation (I know verbal discussion will not carry any weight). I am certainly not thinking of a legal action (given that the expenses and time required will not justify the compensation that I will ask for) but was just curious to know what other options are there. Thank you again for your suggestions, appreciate it.
From India, Aurangabad

Dear, You were required to give notice of one month as the severance was on your request. Did you give one month notice and requested to relieve you thereafter? If the organisation has relieved you without insisting on serving the notice it is gratis on its part and you have no actionable claim in this regard.
From India, Mumbai

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