Resigned with Notice Period Waived: Will I Still Get Paid for Those 90 Days?

I have resigned from my job at the manager level with a required notice period of 90 days, and my Head of Department (HOD) has waived off my notice period. Kindly advise me on whether I will be paid for the waived notice period of 90 days or not.

Understanding Waiver of Notice Period

Waiver of notice period means you need not work for 90 days, and you will be relieved with immediate effect. Then, how can you get a salary for 90 days? How can you demand a salary for the days you have not worked? Relieving is by waiving the notice period as requested by you.

If, on the other hand, you are prepared to serve 90 days from the date of resignation but the HOD wants you to be relieved immediately, then it is okay for the company to pay you 90 days' salary.

Regards,
Madhu.T.K

Madhu is correct. You are not eligible to receive a salary for the period in which you did not work or serve.

Pon

With reference to the employment terms and conditions, if an employee has resigned and is ready to serve the notice period, then they are eligible for the salary of the notice period from the employer. However, as Madhu pointed out, I completely agree with him when he stated, "How can you demand a salary for the days when you have not worked?"

Nevertheless, the choice is yours...

Regards,
Janardan

Your concept is wrong. As a matter of fact, you must be thankful to your HOD who has waived off your notice period and relieved you with immediate effect. Waiving the notice period is at the discretion of the management. However, as per the service conditions stipulated in your appointment order, either party should serve the notice or provide salary in lieu of the notice period. In your case, you are lucky, and you must be grateful to your HOD. Don't expect anything more; take your final settlement and be happy in your life wherever your fortune takes you.

Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant

Dear Team,

My question is regarding the notice period waiver. I worked with a private bank, and my notice period was 90 days, but I am in need of early relieving. I have already discussed this with my boss, and he has accepted my request for early relieving. However, the HR department is not providing me with the relieving letter and is claiming recovery against my notice period. I have all emails regarding the acceptance of my resignation, but they are declining it. I do not have the money to pay for the recovery, so my only option seems to be taking a legal route.

Kindly assist me.

Regards,
Vaibhav

Legal Steps After Resignation

It seems this might be a new case, although it resembles the one posted by Raajverma in July, for which we did not receive any feedback from the thread opener. Vaibhav wants to go legal. What legal steps can you take? You agreed to the 3-month notice period clause in your appointment order. You agreed to it at that time because you were jobless and wanted employment. The bank made you employable by providing training, and now that you have become employable, you have found a new job and want to leave the bank. It's understood that the HOD is willing to relieve you, but matters like recovery are not under the HOD's purview; they are policy issues and will be handled by HR only. Therefore, if HR has informed you that you should pay 2 months' notice pay and any shortfall in the notice period pay, you are required to pay it.

Potential Legal Actions

If you have been working in the bank in a capacity similar to that of a worker, you can potentially take the matter to the labor court. Depending on the terms and conditions outlined in the Long Term Settlement or the Standing Orders, you may win the case. However, be prepared for a lengthy legal process; it could take at least five years to reach a verdict.

Considerations with Current Employer

When your current employer learns that you are in a dispute with your former organization, there is a possibility that you may also become a target for your present employer. While it's relatively easy to file a lawsuit against an employer, the consequences may be long-lasting or never-ending.

Further Information Required

If you wish to proceed further, please provide information about your designation or functional capacity in the bank, whether you had employees reporting to you, whether you were bound by any Long Term Settlement allowing you to resign from the bank in 30 days, and whether the company you are joining is your own organization, thereby avoiding background verification by the employer.

Regards, Madhu.T.K