In my company, there is a provision of a 90-day notice clause. I had planned to give the full 90 days' notice. However, my company is relieving me in 60 days and stating that they are waiving off my notice period. I never requested any waiver. I am just curious to know if it is legal for the company to waive off the notice period even if the employee is not asking for it. Shouldn't I expect compensation for the last month's pay from the company? Are there any legal remedies available in this situation?
From India, Noida
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From India, Noida
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Dear Santosh,
The company has the right to waive off the notice period based on your resignation, even if you have not asked for it. There is nothing illegal in the same. As far as the last month's pay compensation is concerned, since you have submitted your resignation and they have accepted it, relieving you with immediate effect, they are not obligated to pay you anything extra, other than your salary up to the last date and any other reimbursements as per your company policy.
Regards, Ashutosh Thakre
From India, Mumbai
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274The company has the right to waive off the notice period based on your resignation, even if you have not asked for it. There is nothing illegal in the same. As far as the last month's pay compensation is concerned, since you have submitted your resignation and they have accepted it, relieving you with immediate effect, they are not obligated to pay you anything extra, other than your salary up to the last date and any other reimbursements as per your company policy.
Regards, Ashutosh Thakre
From India, Mumbai
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As Ashutosh has rightly said, the company has given a notice period of 90 days, which is the maximum period requested by the employer for the replacement of your service. The company has the liberty to waive off the notice period by 30 days, 60 days, or 0 days whenever they find a suitable replacement for you and when he/she joins the company. In short, the company has the discretion to either shorten or waive off the notice period if they choose to do so.
Regarding compensation, you will be eligible for all compensation until your last working date at the company. Hope this clarifies your query.
From India, Ahmadabad
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Regarding compensation, you will be eligible for all compensation until your last working date at the company. Hope this clarifies your query.
From India, Ahmadabad
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Notice of Employee Change.doc