After serving a one-year bond, I submitted my resignation letter to the company. In my offer letter, they specified a notice period of 3 months. Upon submitting my resignation, I was informed that my last working day would be in 15 days, indicating a reduction in my notice period. I resigned based on the initial 3-month notice period mentioned. Does the company now owe me the salary for the remaining 3 months? Any assistance on this matter would be greatly appreciated.
From India, Mumbai
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From India, Mumbai
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Dear Pallavi,
What I understand from your post is that when you are prepared to serve the entire three months' notice period from the date of submission of your resignation, the management intends to relieve you in 15 days.
Resignation can be of two types - (1) Prospective Resignation, i.e., effective from a specified date in the future, and (2) in presenti Resignation, i.e., effective immediately. When there is a period of notice specified in the contract of employment, prospective resignation effective from a future date that includes the entire period of notice, if so submitted, is an offer by the employee to comply with the notice condition. If the employer modifies it according to his discretion or convenience to relieve him earlier, it amounts to a counter-offer that will require the acceptance of the employee. If it is not accepted by the employee, the employer has to relieve him only by paying the notice salary to the employee concerned.
On the contrary, in the case of in presenti resignation, the employee needs immediate relief without complying with the notice clause. In such a situation, he would be required to pay the notice salary, or the employer may waive the notice condition. The same analogy applies to prospective resignation when the employer modifies the offer of the employee according to his convenience.
Therefore, Pallavi, your employer should pay you 3 months' notice salary and relieve you.
From India, Salem
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6108What I understand from your post is that when you are prepared to serve the entire three months' notice period from the date of submission of your resignation, the management intends to relieve you in 15 days.
Resignation can be of two types - (1) Prospective Resignation, i.e., effective from a specified date in the future, and (2) in presenti Resignation, i.e., effective immediately. When there is a period of notice specified in the contract of employment, prospective resignation effective from a future date that includes the entire period of notice, if so submitted, is an offer by the employee to comply with the notice condition. If the employer modifies it according to his discretion or convenience to relieve him earlier, it amounts to a counter-offer that will require the acceptance of the employee. If it is not accepted by the employee, the employer has to relieve him only by paying the notice salary to the employee concerned.
On the contrary, in the case of in presenti resignation, the employee needs immediate relief without complying with the notice clause. In such a situation, he would be required to pay the notice salary, or the employer may waive the notice condition. The same analogy applies to prospective resignation when the employer modifies the offer of the employee according to his convenience.
Therefore, Pallavi, your employer should pay you 3 months' notice salary and relieve you.
From India, Salem
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