Hi! I recently resigned and requested for an early relieving. My manager accepted the request and advised HR for a shortened transition and relieving me in a week. I duly started the process of no dues. However, now, HR is saying that while they have waived the notice period, I will need to pay three months' salary!
My understanding is that if the notice period is waived, the organization has agreed to let me go, and neither can I claim any salary for the notice period nor can the company ask me to pay for the notice period. Would appreciate if you can advise. Thanks much!
From India, Hyderabad
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1My understanding is that if the notice period is waived, the organization has agreed to let me go, and neither can I claim any salary for the notice period nor can the company ask me to pay for the notice period. Would appreciate if you can advise. Thanks much!
From India, Hyderabad
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Once your notice period is waived off then you should not be asked for payment of any notice pay. You may ask to your HR for the same.
From India, Delhi
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From India, Delhi
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Thanks Mridula! I had the same understanding. Thanks so much for confirmation.
From India, Hyderabad
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From India, Hyderabad
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Dear Rajan,
HR may have accepted your application for early relieving, which means you would need to pay the difference in the notice period days. That is what I understand from your query. So, please check what the HR has said in writing and compare it to what has been verbally communicated.
Thank you.
From India, Mumbai
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HR may have accepted your application for early relieving, which means you would need to pay the difference in the notice period days. That is what I understand from your query. So, please check what the HR has said in writing and compare it to what has been verbally communicated.
Thank you.
From India, Mumbai
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Thanks, Ashutosh! I think there is some misunderstanding here, and of course, someone confused me as well. To me, the concept of the notice period is that a work may bed the employee to stay for 3 months (or whatever is the notice period), and the notice period ensures that the employee leaves after completing the task. However, if he wants to leave early, and management doesn't waive the notice period as there may be some work, he will need to pay the notice period so that the company can get the work done by hiring the replacement and make him complete the pending job. However, if the management waives the notice period, it essentially means that the employee may leave and doesn't need to pay anything, as he is not expected to serve the notice period.
The notice period and the salary for the notice period go hand in hand and are two different entities. If both parties willingly waive the notice period, no one should pay anything. However, if any party doesn't waive and insists on the notice period, the other party needs to either serve for the duration or pay the equivalents.
Just thought to put my understanding. I see there is a lot of confusion which creates issues for both parties. In fact, people, mostly employer side, try to exploit the employees.
Thanks, all for the reply.
From India, Hyderabad
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The notice period and the salary for the notice period go hand in hand and are two different entities. If both parties willingly waive the notice period, no one should pay anything. However, if any party doesn't waive and insists on the notice period, the other party needs to either serve for the duration or pay the equivalents.
Just thought to put my understanding. I see there is a lot of confusion which creates issues for both parties. In fact, people, mostly employer side, try to exploit the employees.
Thanks, all for the reply.
From India, Hyderabad
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Pls excuse typos. I meant notice period and corresponding payment are NOT different entities.
From India, Hyderabad
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From India, Hyderabad
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Dear Rajan,
This is a clear case of misunderstanding arising out of the usage of wrong words in the communication. HR should not have used the word "waiver" in his communication. The dictionary meaning of waiver is to refrain from insisting on or using a right or claim, or to not demand something you have a right to, or not cause a rule to be obeyed.
In the written communication from HR, he/she should have written that the condition of serving the notice period before exit has been diluted; however, the condition of payment in lieu of an incomplete notice period will remain unchanged. This kind of proper sentence structure would have brought clarity.
That is why it is said that written communication is not that easy.
Thanks,
Dinesh Divekar
From India, Bangalore
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This is a clear case of misunderstanding arising out of the usage of wrong words in the communication. HR should not have used the word "waiver" in his communication. The dictionary meaning of waiver is to refrain from insisting on or using a right or claim, or to not demand something you have a right to, or not cause a rule to be obeyed.
In the written communication from HR, he/she should have written that the condition of serving the notice period before exit has been diluted; however, the condition of payment in lieu of an incomplete notice period will remain unchanged. This kind of proper sentence structure would have brought clarity.
That is why it is said that written communication is not that easy.
Thanks,
Dinesh Divekar
From India, Bangalore
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You should go through your offer documents and company policies before taking any action.
From India, Bengaluru
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From India, Bengaluru
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Dear Anonymous,
In the 1st case, I would suggest you check if an offer letter has been given and, if so, what the notice period is. If the notice period is specified in the offer letter, that is the notice period that should be given upon resignation. Unless there is a bond in place that has been broken, requiring compensation for a certain number of months.
In cases where there is a clear waiver by the management stating that the notice period has been waived off, only the shortfall of notice needs to be paid if the resigning employee does not serve the full notice period.
Thank you.
From India, Visakhapatnam
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In the 1st case, I would suggest you check if an offer letter has been given and, if so, what the notice period is. If the notice period is specified in the offer letter, that is the notice period that should be given upon resignation. Unless there is a bond in place that has been broken, requiring compensation for a certain number of months.
In cases where there is a clear waiver by the management stating that the notice period has been waived off, only the shortfall of notice needs to be paid if the resigning employee does not serve the full notice period.
Thank you.
From India, Visakhapatnam
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