Nagarkar Vinayak L
Hr And Employee Relations Consultant
Nelsonthomas9102
Hr Executive
Nathrao
Insolvency N Gst Professional

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Anonymous
I have put down my paper on 17.03.2020 before my company opted for work form home(WFH) because of the health emergency declared across worldwide; Nobel Corona. Later, company declared WFH from 22nd of March till 03.05.2020. My last day of office is 16.05.2020.
Now my employer is asking me to choose between 2 options which are;
1. To serve office for 2 months(notice period) if office resumes from 03.05.2020
2. My last day will be 30.04.2020 and waiver of notice period till 16.05.2020.
My issues are ;
1. Will the company pay me for the period waived off as i have planned my financial stratgies according to my last day at office; 16.05.2020
2. Is not a abuse of waiver of notice period by the employer.

From India, Mumbai
Hi Mahima,
As long as you are ready as per the terms of your appointment letter to serve the entire notice period of 2 months, even if the company waives off your notice period, they are bound to compensate you for the entire 2 months notice period.
This means that even if they fix your last working date as 30-Apr-20, they still have to pay you the salary till 16-May-20, because it is the company who is breaching the terms of the appointment.
The 1st option of serving 2 months notice period if work resumes from 3-May-20 is not at all legal, because you have provided your resignation before the lockdown period and there is no ground to render the resignation as withdrawn or non-executable.

From India, Bengaluru
The legalities of the matter have been well described by learned poster above.
But practicalities will dominate the dealing in this matter.All firms and employees are affected by this epidemic and financial strategies have gone astray.
Talk to the office and check up whether they will pay you till 16th May as they have broken terms of employment.
While in no way supporting breach of terms of employment, a consultative approach will have to be attempted with the company to salvage the best out of this situation.

From India, Pune
Anonymous
According to the current situation (Carona), most of the companies are laying off and some are getting closed. Many companies have lost their income due to which companies are not able to pay.
As per the offer given by the company is good in current situation. You need to make your choice on it based on your financial planning.
We all also have to undertand if companies are getting paid by their clients, companies are happy to pay. But due to this unavoidable condition of Carona it's not companies fault. Nobody expected his.

From United States, Lewes
Dear Madam,
There is no question of any ifs and buts here.
You have resigned by giving two months' notice as per your contract. If the company, chooses to waive the notice period, the salary in lieu of early release is payable depending on the terms of the contract.
Suggest you go on record your acceptance of the option of the company with a rider that the salary for the waiver period will be payable to you
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Hi Mahima,
For a company financially affected by the COVID-19 lockdown it also seems quite strange that they are ready to offer you a 2 months notice period if work starts from 3-May-20. Perhaps this could be looked into, as well.

From India, Bengaluru
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