Notice Period Confusion: Do I Really Have to Serve a Month Without Compensation?

Hi friends,

I have an inquiry regarding the notice period. I resigned from my company today because of many reasons, mainly due to employer harassment. Now they are asking me to serve a notice period of one month without any compensation. However, I have come to know through my other friends that there is no notice period without compensation.

Please help me to understand the laws or details regarding the notice period mentioned above.

It would be advisable to read your appointment letter once again. Notice period requirements would be specified in the letter. Put up your resignation with notice as laid down in the appointment order - in writing and obtain acknowledgment of HR or immediate superior through whom you may have to route your resignation letter. There is no notice period without pay. You work, you get pay, simple as that. Have you ever documented harassment faced and what nature of harassment?

Thanks for your reply. Actually, my boss is spreading wrong rumors about me and him to my colleague. I even have the proof of that. I have the recording. I don't want to serve the notice period, but he is pressuring me to serve the notice period; otherwise, he will take legal action against me. Please advise.

This angle of rumors takes the whole matter in a different direction.

If you have served the notice period, the employer has no choice but to pay you. There is no legal action he can take against you from what I can make out; rather, he can be in a problem if you complain about harassment.

Like Nathrao mentioned, the rumors issue can be handled at your end—you don't need to be afraid or feel pressured.

You mentioned, "they are asking me to serve a notice period of one month without any compensation"—who is "they"? Your boss or the HR?

And is this in writing or was it just verbal? If it's only verbal, insist on getting that in writing. Most likely, they may refuse, in which case, YOU send a formal email stating that you have been informed that the salary is paid during the Notice Period as well. Forget whether "they" reply or not. Please remember you are just building up the case for evidence, if needed later.

Coming to your boss, inform him "subtly" that your parents are taking it seriously and are insisting on lodging a Police Complaint for sexual harassment at the workplace—but YOU are hesitating. I am sure he will get the message. You may also mention this to the HR if you don't wish to see this guy's face. HR is sure to update him.

And in case you are given an option to leave immediately (without serving any NP), suggest preferring that—but with all your Relieving Documents (Relieving Letter, Experience Letter, etc.). If they act funny to avoid giving you the Documents, they are only digging a deeper hole to sink into.

All the Best.

Regards,
TS

Thanks to all for your replies. Yesterday, I sent an email regarding my notice period compensation to my boss. Instead of replying on the compensation issue, he informed me that I am terminated from the office for harassing office people. He also mentioned corporate insults made on Saturday with a recorded version, which was proven null and void yesterday (Monday). These replies were made by my boss after accepting my resignation. He also informed me that I have created a mess in the office premises, which was supported by another office apart from us in front of a lawyer yesterday. Therefore, we don't have any control over any issues now as we have already filed a case from New Delhi and also in the local court.

This was the response of my boss when I inquired in the same email about my resignation and his acceptance regarding the compensation for the notice period. This company is very small, where my boss and I were the only members. There is no HR department.

I am now unsure of what to do in this case as I am alone in this city with limited earnings for my expenses, and I am really tense.

Friend, no one can force you to work without compensation. There may be statutes (subject to inquiry) regarding the notice period in your appointment letter. Get the details validated by a dependable lawyer and then proceed accordingly.

Dear Friend,

Kindly refer to your appointment letter, especially pertaining to the Resignation/Termination clause. Please mention the clause wordings here so that I can provide you with a concrete response.

Regards

Legal Rights and Termination

No company can ask you to work without compensation. Termination should follow due process. There is nothing like "You are terminated from today." However, our situation is far from ideal, and despite laid-down laws, employers find ways to circumvent, deny, and delay worker entitlements.

Legal Action Considerations

If you have the ability, funds, and willingness, consider taking it up legally. Legal systems are slow and very procedure-oriented, and people are often scared to get caught in legal battles. So, you have to make a decision.

Dealing with Harassment

The other angle is that of harassment. Personally, I would leave and not take up legal battles.

Firstly, read the appointment clause thoroughly. If there is no mention of a notice period, then you are free from the notice period.

Secondly, regarding harassment, how many times have they issued the letter? Because without it being in writing, no weightage is given to such allegations. Thus, do not come under any one influence and use your own discretion on this sensitive issue.