Am I Liable for Notice Pay After Being Relieved Early? Seeking Advice on Next Steps

Hi,

I had given a notice of 3 months of my intention to leave the organization to my employer, and they accepted the notice and relieved me after 5 days of receiving the notice letter. Now they are asking me for the notice pay. Am I liable to pay the notice amount to the company despite giving the notice for the required number of days and them relieving me at their discretion?

When I asked for the notice period clarification through mail as to why I am not allowed to serve the notice period, the HR team didn't respond. When I escalated the issue to their superiors, the HR person called me and verbally abused me over the phone.

Kindly let me know whether I am liable to pay the notice amount to my employer, or if the employer needs to pay me the notice amount or full salary. Should I consider taking legal action against my employer? Please advise.

Thanks & Regards

Since you have been relieved, you need not worry about the notice served by the company. Forget the notice. The company cannot move to court for the recovery of notice pay since the company itself had relieved you.

Regards,
Madhu.T.K

Hi Madhu Sir,

Please let me know whether in this case the company should give me three months' notice pay or full salary (as they have relieved me) and should also pay me for my pending leave and LTA, etc. Can I file a complaint against that HR person who abused me and delayed the entire process?

The same HR person now says the hard copy of my notice letter in which they have written "accepted and relieved" stands cancelled and has no value. (This has been told to me verbally over the phone.) Now, after 20 days of relieving me, the same HR person called me up and asked me to join again and serve a three-month notice period. According to my discussion with the HR person, if I decide not to serve the notice period, then I'll have to pay the notice amount to the company, or else they would be deducting the amount from my encashable leave and other privileges.

Kindly advise.

Best Regards,

Connectdks
Mumbai

Notice pay from the employer's side is given when the employer terminates an employee. In your case, it is the employee resigning. Therefore, you are not supposed to get any notice pay from the company.

Regarding LTA, you will get it provided you conduct the journey and submit your claim for LTA along with proof of your undertaken journey. Since you have already been relieved, it is better not to go for any claim for encashment of leave, etc.

You can send a reply to the letter sent by the HR stating that you were relieved from service and the same could be taken as relieved after complying with all formalities connected thereto and there is no room to believe that HR was mistaken. That is enough. A suit against the company saying that the HR had misbehaved shall not be maintainable in the absence of any proof. Therefore, do not go for that.

Regards, Madhu.T.K

Dear,

You are not liable to pay any amount to your employer towards notice pay. Instead, you can claim your balance days' salary towards notice pay as you have already submitted a 3-month notice in writing and intended to serve the same. Since they have relieved you early, they are liable to pay you the notice pay for the balance number of days. You can claim the same legally. A similar case has been found in a legal journal, and the court has advised the same.

Thanks,
Amit Anand Gera

Hi,

If I'm working in a company for 4 months and I'm moving to the U.K., will I be able to get the PF of my share and the employer's share? If so, what is the procedure?

Dear sir,

Since you have given notice to the employer 3 months in advance, and they have relieved you in 5 days, there is nothing to fear. Go ahead and join your new venture and have the best in your walks of life. The same has been pointed out in a detailed manner by our member T.K. Madhu.

Wish you all the best.

Ravi