I have resigned from my previous employer and given 1 month notice period for relieving. But management relieved me immediately as my nature of job is of highly confedential in nature. Now the company is not paying me the salary during my notice period . Kindly advice whether i am eligible for salary during my notice period or not and what action further i can do.
From India, Kochi
From India, Kochi
Hi Raji,
You are not eligible for one month salary as you did not serve the notice period of on month. But you are eligible for the days you served as a notice.
It is better to contact with a senior person in your organization if the concern person is not responding.
Feel free to ask if you have any question.
Regards,
Shabnam
From India, Delhi
You are not eligible for one month salary as you did not serve the notice period of on month. But you are eligible for the days you served as a notice.
It is better to contact with a senior person in your organization if the concern person is not responding.
Feel free to ask if you have any question.
Regards,
Shabnam
From India, Delhi
Hey Raji, if you have submitted your resignation and it has accepted then nothing can be done. Regards, anonymous
From India, Delhi
From India, Delhi
Dear praveen13ad
I compliment you for providing the correct answer.
YES, he is eligible for notice pay.
The person, while complying with the terms of agreement, has duly submitted the notice of resignation with one month's notice period.
Now, the management, for their own convenience (or otherwise) terminates his employment immediately; whereas the management too is bound by the terms of agreement - comprising of one month's notice.
Since one month's notice was not provided, the person should be paid one month's salary in lieu of Notice period.
(The matter has been discussed, several times, earlier in CiteHR).
Warm regards.
From India, Delhi
1426I compliment you for providing the correct answer.
YES, he is eligible for notice pay.
The person, while complying with the terms of agreement, has duly submitted the notice of resignation with one month's notice period.
Now, the management, for their own convenience (or otherwise) terminates his employment immediately; whereas the management too is bound by the terms of agreement - comprising of one month's notice.
Since one month's notice was not provided, the person should be paid one month's salary in lieu of Notice period.
(The matter has been discussed, several times, earlier in CiteHR).
Warm regards.
From India, Delhi
I shall go with Meena Thapliyal. If you had not resigned, things would have been in your favour. Regards, TK Guha
From India, Calcutta
From India, Calcutta
The notice period for resignation varies from company to company depending on its service rules. In some companies it is one month and in some organizations it is three months.whatever, it may be, the employee has to give/serve the stipulated period of notice. In some organizations the rules provide tendering of notice period salary in lieu of notice in which case the notice period will be dispensed with. However, normally, The organization reserves the right to accept salary in lieu of notice period and it will be purely discretionary.In your case the company accepted your resignation and waived of the notice period without insisting salary in lieu of notice period.Therefore you will not be entitled to any salary.you are advised to refer to refer to the terms and conditions contained in your letter of appointment, service rules or certified standing orders of your company if you come under the category of workman under IDAct1947.
From India, Hyderabad
From India, Hyderabad
Dear friends,
This is not a question on the duration of the notice period; irrespective of whether it is one month or three months.
The points at issue, are :
Is there a difference between "Resignation" per se and "Notice of resignation" ??
Whether the employer has the right to terminate employment unilaterally, when an employee is giving a notice of resignation which covers the notice period ??
Can the employer FORCE a waiver of the Notice period; when the employee is NOT asking for it; on the contrary he wants that the notice period should be honoured.
If this is correct, then why should an employee ever give a notice of resignation, and comply with the terms of agreement ??
If an employer does not want an employee to continue after he has submitted a Notice of resignation; IS IT NOT THE EMPLOYER"S CHOICE/DECISION ?? In that case should not the employer honour the agreement and the notice period therein ??
How can it be a one-sided agreement when the notice period specified is by either side ??
Answer to these question will lead to the answer to the issue. However, it requires an OPEN MIND and not "this is how it is done in my company" attitude.
I hope our would be HR professionals would shed their "babu" mentality and explore and be willing to accept and learn new things. Alternatively, one can also choose the security and safety of the frog in a well - one has to make one's own choice.
It is one thing to toe the line of the management to save one's job as HR; and entirely another to not even know what is wrong or right. Perhaps it is the latter, that results in the former. Unless one is competent enough to know what is right, one has to accept whatever is asked.
Warm regards.
From India, Delhi
This is not a question on the duration of the notice period; irrespective of whether it is one month or three months.
The points at issue, are :
Is there a difference between "Resignation" per se and "Notice of resignation" ??
Whether the employer has the right to terminate employment unilaterally, when an employee is giving a notice of resignation which covers the notice period ??
Can the employer FORCE a waiver of the Notice period; when the employee is NOT asking for it; on the contrary he wants that the notice period should be honoured.
If this is correct, then why should an employee ever give a notice of resignation, and comply with the terms of agreement ??
If an employer does not want an employee to continue after he has submitted a Notice of resignation; IS IT NOT THE EMPLOYER"S CHOICE/DECISION ?? In that case should not the employer honour the agreement and the notice period therein ??
How can it be a one-sided agreement when the notice period specified is by either side ??
Answer to these question will lead to the answer to the issue. However, it requires an OPEN MIND and not "this is how it is done in my company" attitude.
I hope our would be HR professionals would shed their "babu" mentality and explore and be willing to accept and learn new things. Alternatively, one can also choose the security and safety of the frog in a well - one has to make one's own choice.
It is one thing to toe the line of the management to save one's job as HR; and entirely another to not even know what is wrong or right. Perhaps it is the latter, that results in the former. Unless one is competent enough to know what is right, one has to accept whatever is asked.
Warm regards.
From India, Delhi
Yes, you are eligible for one month salary. It's the responsibility of of the parties who so ever is discontinuing the service agreement. If you leave without notice then you wont get any pay or if company wants you to leave then they will do the same.
Just go through your appointment letter indepth. There you will definetely find your answer.
From India, Delhi
Just go through your appointment letter indepth. There you will definetely find your answer.
From India, Delhi
Dear Raji,
First of all you need to see your appointment letter in which your appinting authority must have mentioned about notice period in case of termination of your services or you resigned from the services.
So if there is a provision of 1 month's notice period or salary in lieu of notice periiod and the management violates the clause, you can do -
1) Discuss this point with your sr. and asked them to make your salary payment OR
2) Send a Registered Letter with acknowledgement due to employer with beow information - a) Photo copy of your resignation letter.
b) photocopy of your appointment letter ( highlight the clause of Notice period)
c) Enclosed above copies to your letter and asked to reply within 2 days from the receipt of this letter.
This all will make you legally strong and management will release your salary.
Hope this will help you
prashant
From India, Pune
First of all you need to see your appointment letter in which your appinting authority must have mentioned about notice period in case of termination of your services or you resigned from the services.
So if there is a provision of 1 month's notice period or salary in lieu of notice periiod and the management violates the clause, you can do -
1) Discuss this point with your sr. and asked them to make your salary payment OR
2) Send a Registered Letter with acknowledgement due to employer with beow information - a) Photo copy of your resignation letter.
b) photocopy of your appointment letter ( highlight the clause of Notice period)
c) Enclosed above copies to your letter and asked to reply within 2 days from the receipt of this letter.
This all will make you legally strong and management will release your salary.
Hope this will help you
prashant
From India, Pune
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