Resigned and Relieved Early: Am I Entitled to My Notice Period Salary?

I have resigned from my previous employer and given a 1-month notice period for relieving. However, the management relieved me immediately as my job nature is highly confidential. Now, the company is not paying me the salary during my notice period. Kindly advise whether I am eligible for salary during my notice period or not and what further action I can take.

You are not eligible for one month's salary as you did not serve the notice period of one month. However, you are eligible for the days you served as notice. It is better to contact a senior person in your organization if the concerned person is not responding. Feel free to ask if you have any questions.

Regards,
Shabnam

If you have submitted your resignation and it has been accepted, then nothing can be done.

Regards,
Anonymous

I compliment you for providing the correct answer. YES, he is eligible for notice pay. The person, while complying with the terms of the agreement, has duly submitted the notice of resignation with one month's notice period. Now, the management, for their convenience (or otherwise), terminates his employment immediately; whereas the management too is bound by the terms of the agreement—comprising of one month's notice. Since one month's notice was not provided, the person should be paid one month's salary in lieu of the notice period. (The matter has been discussed several times earlier in CiteHR).

Warm regards.

Understanding Notice Periods and Salary Entitlements

The notice period for resignation varies from company to company depending on its service rules. In some companies, it is one month, and in some organizations, it is three months. Whatever it may be, the employee has to give/serve the stipulated period of notice. In some organizations, the rules provide for tendering the notice period salary in lieu of notice, in which case the notice period will be dispensed with. However, normally, the organization reserves the right to accept salary in lieu of the notice period, and it will be purely discretionary.

In your case, the company accepted your resignation and waived off the notice period without insisting on salary in lieu of the notice period. Therefore, you will not be entitled to any salary. You are advised to refer to the terms and conditions contained in your letter of appointment, service rules, or certified standing orders of your company if you come under the category of a workman under the ID Act 1947.

Dear friends,

This is not a question on the duration of the notice period, irrespective of whether it is one month or three months.

Points at Issue

Is there a difference between "Resignation" per se and "Notice of resignation"?

Whether the employer has the right to terminate employment unilaterally when an employee is giving notice of resignation that covers the notice period?

Can the employer force a waiver of the notice period when the employee is not asking for it; on the contrary, he wants the notice period to be honored?

If this is correct, then why should an employee ever give notice of resignation and comply with the terms of the agreement?

If an employer does not want an employee to continue after he has submitted a notice of resignation, is it not the employer's choice/decision? In that case, should not the employer honor the agreement and the notice period therein?

How can it be a one-sided agreement when the notice period specified is by either side?

Answers to these questions will lead to the resolution of the issue. However, it requires an open mind and not a "this is how it is done in my company" attitude.

I hope our would-be HR professionals would shed their "babu" mentality and explore and be willing to accept and learn new things. Alternatively, one can also choose the security and safety of the frog in a well - one has to make one's own choice.

It is one thing to toe the line of the management to save one's job as HR, and entirely another to not even know what is wrong or right. Perhaps it is the latter that results in the former. Unless one is competent enough to know what is right, one has to accept whatever is asked.

Warm regards.

Yes, you are eligible for one month's salary. It's the responsibility of the parties, whoever is discontinuing the service agreement. If you leave without notice, then you won't get any pay, or if the company wants you to leave, then they will do the same. Just go through your appointment letter in depth. There you will definitely find your answer.

First of all, you need to refer to your appointment letter in which your appointing authority must have mentioned the notice period in case of termination of your services or if you resign from the services. So, if there is a provision of a 1-month notice period or salary in lieu of notice period and the management violates the clause, you can:

1. Discuss this point with your senior and ask them to process your salary payment, OR
2. Send a Registered Letter with acknowledgment due to the employer containing the following information:
a) A photocopy of your resignation letter.
b) A photocopy of your appointment letter (highlighting the clause of the Notice period).
c) Enclose the above copies with your letter and request a reply within 2 days from the receipt of this letter.

All of this will strengthen your legal position, and the management should release your salary.

Hope this information helps you.

Regards,
Prashant

No, you are not eligible for one month's salary because you only submitted the resignation letter. The management has the right to relieve you within one month. Please check your appointment order.

Thank you.

Yes, I am totally in agreement with Raj Kumar that you are providing the notice period, but the company is not accepting it for their own convenience. Therefore, they have to pay one month's salary to you.

Regards,
Seema Bisht

Hi Raji, I believe you are entitled to the salary for the one-month notice period since the company relieved you earlier. Why should you suffer for no fault of yours?

Regards,
Manisha

Thank you for the advice, and kindly advise me on what action I can take further to get the notice period pay.

Thanks and regards,
Reji Joseph

First, you must contact your ex-employer and put forward your request or demand to be paid the notice pay.

Additional Information

Please also see this post for more information and clarity: https://www.citehr.com/201837-resign...ml#post1334574

Warm regards.

Your appointment letter has the answer to your dilemma. In the eyes of any law of contract, either party should obey its side of the bargain. Therefore, if your contract required you to give notice on resignation and subsequently serve—which you were willing to do according to your explanation—then the management must pay you notice since they relieved you of your duties before serving the notice. In short, they need to pay you salary for that month in lieu. I concur with Raj Kumar.

As rightly pointed out by Mr. Raj, you are eligible for the pay. Please get in touch with your HR and tell them:

1. Neither did I have any issues in serving the notice period, nor did I request a quick relief.
2. It was a management decision to relieve me earlier due to some confidential matters that they had to deal with.

If that is the concern, then I should get my notice period pay (Management wanted a quick relief) or else allow me to serve the notice period and receive pay for one month.

I understand that management hasn't done this intentionally as it's their business and they have to take care of it. However, I request you all to consider my perspective too because it's going to affect me alone. Either provide me that pay or allow me to serve the notice period.

Regards,
Babu

First of all, please quote the clause for the notice period as mentioned in your appointment letter. If there is a one-month notice period for either party, then you are eligible to receive one month's salary in lieu of the notice period. If you are the only one bound to serve notice, then you are not.

Thank you.