Can My Employer Waive My Notice Period Without Paying for the Days I Served?

Hi, I had to resign from my position as a Business Development Manager in a private life insurance company in India. Due to the negative growth of the industry, my performance was poor, and I was forced to resign. I was informed that a 30-day notice period would be given to find another employment. After serving 7 days of notice, suddenly my attendance log-in ID stopped working. I tried to contact our local HR RM, but he was not reachable by phone, and my ex-line manager was busy. So, I sent HRD an email from my personal email ID, explaining the problem in attending my notice period. His response was that my notice period has been waived off and it has been discussed with my ex-line manager.

Now, after receiving my F&F letter, I see that my resignation has been processed on the same day of submission. "Notice period waived off" means they are not paying for it, not even for the 7 days I have served. Hence, the monetary value of my F&F is NIL.

Can they do that?

Thank you for your prompt response. No, they didn't pay for those days. Since you cared to answer, I would like you to know that I also took a medi-claim on my parents by paying an extra premium and had to admit my father to a hospital for undergoing surgery. That bill of 30k has also been declined. I was working there for 11 months.

I am the only earning member of my family, and this situation has made my life very difficult. Is there any way to deal with this dissension?

Understanding Your Situation

It seems they have taken advantage of the situation. If you had been terminated, they would have had to pay out your full salary. Instead, they cleverly asked you to resign so that you would not have any negative record.

Once you resigned, they accepted it by waiving the notice period. This means they do not have to pay you for the notice period. Waiving notice means they are relieving you immediately, so there is no question of paying for the remaining notice days.

Addressing the 7 Days Worked

For the 7 days in question, did you actually work? Did you record your attendance and attend to your duties? Is there proof of that? You will need to speak to HR and tell them that you worked for 7 days and they have to pay you for it.

Exploring New Opportunities

Meanwhile, there are two new life insurance companies that are starting operations now. They are desperately looking for people with experience. Apply to them, and you will get a job. I am told by someone that they are not setting targets as they are new and will set targets after 12 months. Best of luck.

Kindly review your appointment letter as it may contain a clause stating that after resignation, you need to provide a 1-month notice or 1 month's salary, and vice versa (the same clause applies to the company as well). You have already served 7 days' notice, which means you worked for an additional 7 days after submitting your resignation. Therefore, they cannot withhold your 7 days' salary. As for the remaining days, you are willing to work, but the company has waived off your notice period. This decision was made by them, so request that they provide written confirmation that you are not required to complete your notice period, as this situation pertains to a manipulative resignation. It's important to note that you have not been terminated. Additionally, ensure that your resignation clearly states your notice period and last day of work.

Please also heed Mr. Banerjee's advice and start exploring new opportunities. Good luck.