Is It Legal to Pay Notice Period When LWP Is Approved and No Delivery Impact? Urgent Help Needed

Hi, I worked at HCL Hyderabad and requested a transfer to Chennai. Initially, they agreed without knowing the 18-month policy, but later did not provide the transfer. To convince the client, they asked me to go on leave, which I did. Subsequently, I went on LWP due to exhausted leaves.

I have decided to move on and initiated the exit process. My DU lead confirmed via email that my leaves (LWP) have had no impact on delivery. HR and the DU lead approved my LWP until my last working day. Now, to obtain my relieving letter, they are requesting payment for the 3-month notice period. Is this legal? Do I need to pay? What does labor law state in this situation?

My case: There is no delivery impact, and LWP is approved. Do I need to pay? Please assist as this is urgent.

In the scenario described, where your leave without pay (LWP) was approved, and there was no delivery impact as confirmed by your DU lead, the request for payment of the 3-month notice period to release your relieving letter may not align with labor laws. In India, labor laws vary depending on the state, and in this case, since the work location is in Hyderabad, it's essential to refer to the specific regulations applicable in Telangana.

Understanding the Legal Aspects:

1. Notice Period: The concept of a notice period is common in employment contracts to ensure a smooth transition when an employee decides to leave the organization. However, if you were on approved leave without pay (LWP) and there was no delivery impact as confirmed in writing, the necessity to pay for the notice period could be debatable.

2. Consult Labor Laws: To address this issue effectively, it is recommended to refer to the relevant labor laws applicable in Hyderabad, Telangana, to understand the legal standing regarding notice periods, especially in cases of approved leaves impacting the notice period requirement.

3. Review Company Policies: Additionally, reviewing your employment contract, company policies, and any specific agreements related to transfers, leaves, and notice periods can provide clarity on whether the request for payment is in line with the established rules within the organization.

Practical Steps to Resolve:

1. [Icon] Request Clarification: Initiate a discussion with HR and your DU lead to seek clarification on why payment for the notice period is being requested despite the approved LWP and the absence of delivery impact during that period.

2. [Icon] Seek Legal Advice: If the situation remains unresolved or you believe that the request for payment is unjustified, consider seeking legal advice from a labor law expert to understand your rights and options under the prevailing regulations.

3. [Icon] Formal Communication: Document all communications, including emails confirming the lack of delivery impact during your LWP period, as this evidence can be crucial in addressing the matter formally if needed.

By following these steps and understanding your rights under labor laws and company policies, you can navigate the situation effectively and seek a resolution that aligns with legal requirements and fairness.