Anonymous
In my company there is provision of 90 days of Notice clause. I planned for full 90 days notice. My comapany is releaving me in 60 days and mentioning that they are waiving off my notice period. I never requested for any waive off. Just curious to know is it legal to waive off notice from comapny side even if employee is not asking for it. Should not I expect last month pay compensation from company. Any legal remedy??
From India, Noida
Ashutosh Thakre
273

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 pay compensation is concerned, as you have put your resignation, they have accepted it and relieved you with immediate effect, so they are not bound to pay you anything extra, other than your salary till last date, other reimbursements as per your company policy.
Regards,
Ashutosh Thakre

From India, Mumbai
fc.vadodara@nidrahotels.com
734

As Ashutosh has rightly said the company has given a notice period of 90 days which is the maximum period asked by the employer for replacement for your service. The company has the liberty to waive off the notice period either by 30 days, 60 days or 0 days whenever they get a suitable replacement of yours and his/her joining the company. In short the company is at will to either curtail or waive off the notice period if they desire so.
With regards to the compensation, you will be eligible for all compensation till your last working date at the company. Hope this clarifies your query.

From India, Ahmadabad
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