Hi there,
I worked with a consulting firm in Mumbai during 2012-2014, and I left the job in July 2014. This employer had a policy of a 30-day notice period (from either side). After securing a better job in another company, I resigned from my position by sending a resignation letter via email. Surprisingly, the company immediately accepted my resignation and released me on the very same day (it was a willful resignation initiated from my side; no disciplinary action or forced termination by the employer). However, they have not paid me for the 30-day notice period, which I suppose they should have.
So, I have the following questions:
(1) Is there any timeframe within which I should have/could initiate action against the company? i.e., Am I still eligible to take action against the company considering the fact that it's already been almost 3.6 years since I left the employer?
(2) If I am still eligible, how do I get the company to pay me for the 30-day notice period?
Thank you in advance for answering the questions.
From India, Aurangabad
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I worked with a consulting firm in Mumbai during 2012-2014, and I left the job in July 2014. This employer had a policy of a 30-day notice period (from either side). After securing a better job in another company, I resigned from my position by sending a resignation letter via email. Surprisingly, the company immediately accepted my resignation and released me on the very same day (it was a willful resignation initiated from my side; no disciplinary action or forced termination by the employer). However, they have not paid me for the 30-day notice period, which I suppose they should have.
So, I have the following questions:
(1) Is there any timeframe within which I should have/could initiate action against the company? i.e., Am I still eligible to take action against the company considering the fact that it's already been almost 3.6 years since I left the employer?
(2) If I am still eligible, how do I get the company to pay me for the 30-day notice period?
Thank you in advance for answering the questions.
From India, Aurangabad
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Please enjoy this coming 30 days with your family. You can not take any action as Employer has not forced you to serve 30 days notice period rather they relieved you early.
From India, Pune
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470From India, Pune
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Prashant,
Thanks for the reply. I am talking about my former employer and not the current one. I left this job in 2014. I am asking this question because today at work, one of my colleagues who had gone through a similar situation mentioned that I should have received 30 days' pay as per the employer's policy. Please note that it was the company that relieved me early while I was ready to serve the full 30-day notice.
From India, Aurangabad
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Thanks for the reply. I am talking about my former employer and not the current one. I left this job in 2014. I am asking this question because today at work, one of my colleagues who had gone through a similar situation mentioned that I should have received 30 days' pay as per the employer's policy. Please note that it was the company that relieved me early while I was ready to serve the full 30-day notice.
From India, Aurangabad
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Did you give 30 days' notice in your resignation letter? If so, and the company relieved you immediately, you may have a case. However, considering the time that has passed, the limitation period may now be in effect. Your best course of action would be to write a letter to the company requesting payment for the notice period.
It's important to remember that litigation can be costly. For the sake of receiving 30 days' pay, you might end up spending an amount equivalent to 60 days' pay on legal fees. It may be better to let go of this issue and move forward in life.
From India, Pune
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It's important to remember that litigation can be costly. For the sake of receiving 30 days' pay, you might end up spending an amount equivalent to 60 days' pay on legal fees. It may be better to let go of this issue and move forward in life.
From India, Pune
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Dear Nathrao,
Thank you for your reply. No, I did not mention the 30-day notice in my email. However, I had mentioned this during a verbal conversation (I know verbal discussions will not carry any weight). I am certainly not thinking of legal action (given that the expenses and time required will not justify the compensation I would ask for) but was just curious to know what other options are there.
Thank you again for your suggestions; I appreciate it.
From India, Aurangabad
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Thank you for your reply. No, I did not mention the 30-day notice in my email. However, I had mentioned this during a verbal conversation (I know verbal discussions will not carry any weight). I am certainly not thinking of legal action (given that the expenses and time required will not justify the compensation I would ask for) but was just curious to know what other options are there.
Thank you again for your suggestions; I appreciate it.
From India, Aurangabad
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Dear [Recipient],
You were required to give one month's notice as the severance was at your request. Did you provide one month's notice and then request to be relieved thereafter? If the organization has relieved you without insisting on serving the notice, it is a complimentary gesture on their part, and you have no actionable claim in this regard.
From India, Mumbai
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You were required to give one month's notice as the severance was at your request. Did you provide one month's notice and then request to be relieved thereafter? If the organization has relieved you without insisting on serving the notice, it is a complimentary gesture on their part, and you have no actionable claim in this regard.
From India, Mumbai
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