Is My Employer Required to Pay for the Notice Period I Was Ready to Serve? What Should I Do?

Hello everyone,

I work in Mumbai, Maharashtra, for an e-commerce company. I had emailed my resignation letter stating my last day of work after a 1-month notice period during a verbal meeting with the HR Head and Team Lead. They concluded not to give me a 1-month notice period, which I was ready to serve. After the meeting, it was decided that they would accept my resignation and relieve me on that day. They will mail me the Experience Letter and the FnF settlement within 45 days. They have given the experience letter and salary up to my resignation. The FnF settlement is still pending.

Question About Notice Period Compensation

Isn't it mandatory for the company to compensate me with the notice period salary I was going to serve? Can I ask for it straightforwardly with my company? What should I do in this situation?

Thank you in advance.

Employers can always waive the notice period if they so desire. You will have to check your employment details and rules.

Notice Pay and Final Settlement

In such situations, the employer should pay the notice pay to the employee. Consider it from another angle: the employer is giving one month's notice of termination. The employee is expected to serve the required notice period, failing which the employer can demand notice pay from the employee because it is a resignation by the employee.

Similarly, if an employee has resigned and is ready to serve the notice period but the employer is relieving him earlier, it should be construed as termination requiring notice pay from the employer. Moreover, the employer cannot hold the full and final settlement for 45 days. What is the need for 45 days? Is there any CAG's audit to take place or some vigilance proceedings expected? No. The amount in the hands of the employer will give some interest to him. That's all.

If your resignation is accepted abruptly and you are relieved from your duties and responsibilities on the same day of your resignation, without allowing you to serve the stipulated notice period, it is a mild form of termination of your service. In such a case, the employer should morally and ethically pay you the notice period salary.

There is no law prevailing that allows your employer to hold your FnF dues for 45 days. Anyway, since you sought separation, put forward your request for FnF dues to your employer.