Is It Legal for Companies to Withhold Salary During a 2-Month Notice Period?

divyatcs10
I am working as a senior software engineer in an MNC for the past 4 months. In my offer letter, it is mentioned that "the company is not liable to pay any compensation towards the notice period." Does it mean I won't be getting any salary? I need to serve a 2-month notice period. Is it legal for the company not to pay compensation when its employees are working during the notice period?
kamalkantps
Dear Divya,

The notice period is considered as your working period for sure, and you are legally entitled to receive the salary for it. Although probably what they wish to say would be that if they terminate your service during your probation period, they would not pay the notice pay to you and terminate your service straight away. In such a case, you won't be working for 2 months for them but will be relieved on the same day.

Please also answer these questions to opine you better:
- Have you resigned?
- In which state of India are you working?
- Has the Management given you any hint to terminate your services?

Regards
babisolmanraju
No, that's not correct. The notice period is also considered a working period and is eligible for compensation.
divyatcs10
Dear Divya,

Notice period is considered as your working period for sure, and you are legally entitled to receive the salary against it. Although probably what they wish to say would be that if they terminate your service during your probation period, they would not pay the notice pay to you and terminate your service straight away. In such a case, you won't be working for 2 months for them but will be relieved on the same day.

Please also answer these questions to opine you better:
- Have you resigned?
- In which state of India are you working?
- Has the Management given you any hint to terminate your services?

Thanks for the reply. I am going to resign. I am working in Bangalore. Management is not planning to terminate me. But the offer letter condition that I need to serve a notice period of 2 months and no compensation provided during the notice period makes me worried.

Regards
divyatcs10
[QUOTE=babisolmanraju;2072819]No, not at all. The notice period also falls under the working period and is eligible for compensation.

Thank you. But if they argue that it is mentioned in the offer letter that the company is not liable to provide compensation during the notice period, can I take some legal action?
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