Facing Uncertainty: Will My Husband Get Paid for His Notice Period After Resignation?

Dear Seniors, My husband is working as an AVP Admin & Facilities Management with a Private Sector Bank. He tendered his resignation on 9th September 2010. Till yesterday, his resignation was not accepted, and he was paid his salary for September 2010. Today, he received an email from his reporting manager stating that he will be relieved of his duties on 8th October 2010. His appointment letter specifies that he must serve a 3-month notice period, which he is willing to fulfill.

In this case, will the company pay him the 3 months' salary or not? What should we do if they are unwilling to pay him the salary? This situation is causing a lot of tension in my household.

Thanks and Regards, Neha Sachdev

Dear Ms. Neha,

As per the process, the company needs to pay the remaining two months' notice period amount and relieve him. Let him talk to HR and get the clearance, or else he has to escalate to the superiors. If he already has a job and the new organization where he wants to join is willing to prepone his joining date, I opine that it will be better to get his clearance and join the new company without having any rift with the present employer.

Thanks and regards,
Kamesh

Handling Employee Resignation: Management's Options

When an employee tenders their resignation, the management can either accept or reject it. While accepting, management can decide whether:

1. To recover notice pay from the employee and relieve them (if the employee wants to leave without serving the notice period).
2. To waive off the notice period and relieve the employee.
3. To decide the 'last working date' much before the employee's proposed date of relieving and consider another date, the 'separation day,' for settlement. Management can ask the employee not to come to the office physically after the last working date.

An employee can't demand notice pay once the resignation is submitted. However, the employee can appeal to management to allow them to work until the requested date. Apart from an appeal, I think nothing much can be done here. However, you may consult a company/labor law expert too.

Consultme is right regarding the rulebook, and Kamesh is right regarding the PoA. Frankly, most of the postings we get to see relate to the reverse situations—being unable to get relieved earlier. But in this case, it seems to be the other way around. Unless you have any strong reasons not to do so, I suggest your husband join the new company earlier. This move would leverage his experience and the presumably enhanced salary while also maintaining amicable relations with the old company. It's worth remembering that the world is a small place, and we never know where your husband might bump into his ex-employer later in life.

Regards, TS