Am I Entitled to Notice Period Pay After Sudden Job Termination? Seeking Advice

Dear Seniors, I'm working in an IT/Telecom company in Noida. I'd been asked to serve the notice period 18 days prior to my appraisal, as the project I was involved in was coming to an end (as I was told).

For the last 2 months, they have been extending my notice period as they require an HR person. Now, all of a sudden, they asked me to leave on the 15th of January. The HOD had recruited someone from his reference to replace me.

Now, in this case, am I eligible to receive any notice period pay? I'm very much confused, please help me.

Regards, Rai

You mentioned that you are already in the notice period, which is being extended by the company. Then, where is the question of you getting any notice period pay? Please elaborate.

Regards,
TS

My notice period has been forcibly extended. Now, since the new joiner has arrived, they have asked me to leave.

Regards,
Raiii

You are on a notice period. The notice period was extended, and you accepted that. They can relieve you at the end of the current extension. They do not have to pay you more than that. I am surprised, though. Why did you accept the extension? There is no rule that says you have to work for the extended notice period. In fact, it's a concept I hear for the first time.

Since you were already on the notice period and it got extended, there cannot be any question of any further payment for the notice period. I presume that there may not have been any written communication deferring your relieving/notice period. The notice period was extended to find a suitable substitute for you, and the moment one was available, the company is well within its right to ask you to leave shortly.

Regards,
KK

As stated by Saswata Banerjee & KK Nair, you can't expect any notice period payments for the situation you are in—presuming you got the regular salaries for the full duration of the extended notice period. Frankly, I fail to understand how you came to this conclusion at all—that you ought to get the NP payment. Was it your or someone else's idea/thought?

I suggest focusing on the next job—which I presume you have in hand (else you wouldn't have resigned in the first place)—and join there ASAP.

All the best.

Regards,
TS

If you look at the original posting, he did not resign; his job was terminated as the work he was doing had come to an end. However, they kept extending his notice period as they didn't find someone to do HR-related work that was then assigned. I can only guess that he was under a false sense of security that he was not being terminated and didn't bother seriously to look for a job. This also happens in companies. They will use you to the extent that you are useful to them and then discard you when that is over.

Understanding Employment Terms in the Private Sector

Upon reviewing the inquiry presented by you and the opinions shared by everyone above, it is apparent that there is no regulatory authority for employees in the private sector. Furthermore, there is inadequate legislation concerning job security for employees. Employers often employ short-term tactics to complete their projects, leading to uncertainties for the employees. It is essential to acknowledge the employer's perspective as well. Entrepreneurs secure contracts for various projects and plan employment accordingly. Retaining employees without ongoing projects would result in recurring losses for the employer. Therefore, in such scenarios, employees should negotiate their salary terms during the interview, especially for fixed-term positions.

In this instance, it is clear that you were hired for a project with a predetermined end date. Despite this, your employment was extended due to work exigencies. You mentioned receiving a termination notice, which negates grounds for additional payment. Payment claims typically arise when an employer terminates service without prior notice.

I trust this explanation provides clarity on the situation.

I urge all private sector employees to petition the Central Government for the establishment of a regulatory body to define service conditions and prevent exploitation. Additionally, there is a need for the Government to establish minimum salary structures for professionals such as MBAs, MCAs, and CAs.

Best wishes to all.

Regards