Can an employer relieve an employee who is on notice period without pay?

Hi

I resigned from my services with my existing company and have given 3 months notice. My contract says either party should give 3 months notice. But mentioned that Employer company resrves the right to payment of salary in lieu of Notice Period. Will i get compensation if employer waive my notice period and send me immediately since i am ready to serve 3 months notice.

SUBRAMANIAN

Dear Subramaniyan,

In the absence of notice clause for unilateral termination of the contract of employment, neither party is required to give notice. If, on the contrary, notice clause is there prescribing notice period, it should be the same for both the employer and the employee including any lieu of condition as an alternative ensuring compliance.

Coming to the issue, by giving advance notice to serve the entire notice period in full or in part before resignation as per the notice condition stipulated already, the employee gives an implied offer which stands accepted by the employer acting on the resignation. Any action by the employer by way of immediate relieving or before the expiry of the notice period for whatever reason according to his convenience will be a counter offer which requires the acceptance of the same by the employee who is willing to serve the notice period already offered by him. Logically and legally, therefore, the employer is bound to pay the notice salary in that situation.

You have resigned and Organization has not been terminated you. If you would like to get release earlier, you will be required to pay in lieu of notice period.

To my opinion as organization has not been asked you to go rather based on your resignation , the organization may release you early without any payment. These are happening in many organizations.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
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