Notice Period Dilemma: Do Employers Have to Pay if Employees Skip Work?

When an employee is under notice period, is the employer obliged to pay them if they do not attend work or the office?

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In most cases, during the notice period, the employer is required to pay the employee their regular salary even if they do not attend work or the office. This is because the notice period is a contractual obligation that applies to both parties - the employer must provide notice before terminating employment, and the employee is expected to work or be paid in lieu of notice. However, there may be exceptions depending on the employment contract, company policies, or applicable labor laws. It is advisable for both the employer and the employee to review the terms of the notice period to understand their rights and responsibilities clearly.

No. In case the employee has not reported for work, there is no need to pay him.

In fact, you are supposed to recover the amount equal to the notice period salary from his full and final settlement.

Fully agree with Mr. Suresh Rathi. An employer is only obliged to pay the employees the amount due, if any, and can recover the Notice Period Pay if there is a clause to that effect from their full and final settlement.

For smooth functioning of the organization and for proper handing over of charge, employees are required to work during the notice period as per the terms of appointment. Whoever does not report for work during the notice period, management should intimate in writing to report for work immediately. You have not mentioned in your post about the reason for not reporting. Is it absence from duty or for sanctioned leave? You should not think from a monetary perspective alone. Healthy systems should be in place.

Notice Period and Employee Resignation

When an employee resigns, they enter the notice period, which is meant to smoothen the transition. Whether the employer can pay and relieve the employee earlier than the last date depends on the employment contract. The simple rule is 'no work, no pay.' If an employee does not come to work during the notice period, logically and practically, the employer can insist that the employee completes the notice period. In other words, if the notice period is one month and the employee is absent for 15 days, the employer can insist that the employee works for 15 days more because notice is notice. If this is not done, it would simply mean an employee can resign and stop coming to work immediately.

Regards, Vibhakar Ramtirthkar

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The employer is not obliged to pay the salary for the days he has not worked. The principle of "No Work, No Wage" applies.

So Prasanta Kr Dalai, you should rejoin duty until your notice period ends. You are obligated to work and be paid for it.