Hello,
I resigned from Kolkata based company XXX, which is owned by well reputed, digital marketing & analytics agency in Singapore YYY, one month after I joined (for whatsoever reasons!)
At the time I resigned, they asked me to serve 45d notice period, to which I agreed. A week later, I was suddenly told to discontinue anymore and the company no longer wants me to serve rest of my notice period. They agree to pay the salary for whatever days I worked. But not for unserved notice period, on the pretext that I was new employee (on probation), although no where we had any communication that said notice period during probation period is "just a moment's notice"!
I understand it’s at company’s discretion to let or not let an employee serve the notice period, but are they also in full right to not pay for un-served notice period? Sounds un-fair / one-sided to me (employee can’t leave without fulfilling notice period obligation, but employer can at it’s will enforce employee to not serve any notice period Without any Pay in lieu of notice?!)
Any clarification will be highly appreciable on how things work (or should work) in such situations.
Thanks in advance & pls. let me know if you need more info on the case.!
From India, Kolkata
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1I resigned from Kolkata based company XXX, which is owned by well reputed, digital marketing & analytics agency in Singapore YYY, one month after I joined (for whatsoever reasons!)
At the time I resigned, they asked me to serve 45d notice period, to which I agreed. A week later, I was suddenly told to discontinue anymore and the company no longer wants me to serve rest of my notice period. They agree to pay the salary for whatever days I worked. But not for unserved notice period, on the pretext that I was new employee (on probation), although no where we had any communication that said notice period during probation period is "just a moment's notice"!
I understand it’s at company’s discretion to let or not let an employee serve the notice period, but are they also in full right to not pay for un-served notice period? Sounds un-fair / one-sided to me (employee can’t leave without fulfilling notice period obligation, but employer can at it’s will enforce employee to not serve any notice period Without any Pay in lieu of notice?!)
Any clarification will be highly appreciable on how things work (or should work) in such situations.
Thanks in advance & pls. let me know if you need more info on the case.!
From India, Kolkata
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An employer-employee relationship can come to an end either by serving a notice period or by paying the equivalent amount thereof, especially during the probation period. If the company has agreed to allow you to serve the notice period, then they cannot terminate your service in the middle of such a period.
However, for better advice, it is important to review your letter of appointment, resignation letter, acceptance of resignation, notice of serving a 45-day notice period, final letter of discontinuation, and any other relevant documents.
From India, Kolkata
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However, for better advice, it is important to review your letter of appointment, resignation letter, acceptance of resignation, notice of serving a 45-day notice period, final letter of discontinuation, and any other relevant documents.
From India, Kolkata
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Thank you for the clarification.
What does "probation period" technically mean actually? Does it automatically mean (even if not agreed beforehand) there's no minimum 'x' days notice period (meaning employer fully justified terminating the contract same day even if the usual notice period agreed is 45 days)?
From India, Kolkata
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What does "probation period" technically mean actually? Does it automatically mean (even if not agreed beforehand) there's no minimum 'x' days notice period (meaning employer fully justified terminating the contract same day even if the usual notice period agreed is 45 days)?
From India, Kolkata
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Probationary period is a period where the employee is tested for a duration of 3 to 6 months. After completing such probationary period, the employer has to either a) absorb the employee or b) terminate the employee. If you are serving a probationary period, it must be mentioned in the appointment letter itself.
During a probationary period, the employer and employee can end the relationship by giving a notice period or pay in lieu thereof. However, once an employee becomes permanent, then to terminate his service, one needs to follow the procedure of the law.
Since you have joined the company, I inquired about the probationary period, if any.
From India, Kolkata
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During a probationary period, the employer and employee can end the relationship by giving a notice period or pay in lieu thereof. However, once an employee becomes permanent, then to terminate his service, one needs to follow the procedure of the law.
Since you have joined the company, I inquired about the probationary period, if any.
From India, Kolkata
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The company has the right to waive the notice period upon your resignation and let you go, even if you have not requested the waiver. They don't need to pay you for the remaining notice period which was not served. They are right.
From United+States, San+Francisco
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From United+States, San+Francisco
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I echo Ritesh, since you were yet to be confirmed, there is no notice period that you need to serve. Hence, the employer does not need to pay you for it.
I wonder how they asked you to serve the notice period in the first place. It looks like there was either a miscommunication initially or an absence of clarity in HR policies.
Since you were the one who initiated the separation, I assume you already have a job in hand. Therefore, I request you to focus on that new role for now and make a clean exit from this employer.
Wish you all the best!
From India, Mumbai
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I wonder how they asked you to serve the notice period in the first place. It looks like there was either a miscommunication initially or an absence of clarity in HR policies.
Since you were the one who initiated the separation, I assume you already have a job in hand. Therefore, I request you to focus on that new role for now and make a clean exit from this employer.
Wish you all the best!
From India, Mumbai
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Hmmm... now I hear conflicting messages. One from a professional lawyer (which says they need to pay out the rest of the notice period) and the other from 'anonymous' [wish there was a name to bring more credibility to the response!], which says they don't need to. Can anyone clarify please what's correct?
@(Cite Contribution), you mean you don't agree with Ritesh and actually echo 'Anonymous'?
Thanks in advance!
From India, Kolkata
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@(Cite Contribution), you mean you don't agree with Ritesh and actually echo 'Anonymous'?
Thanks in advance!
From India, Kolkata
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The topic is a complex one that rarely has a single straightforward answer. Different individuals will give different answers, and the courts also have given differing answers depending on how the lawyers presented the matter.
If you look strictly as per the law of contracts, you are required to serve a minimum notice period when you resign, and the company is required to pay you for the notice period if they terminate you. When you send a notice of resignation, it is a notice of termination of employment. The other party then has the right to accept with the notice period or decide to accept with immediate effect. Since you resigned, it is not necessary to pay the balance of notice pay they have waived.
But again, there is no stated clear law on this, and the above is also derived from various clauses of the contract act and not a direct reference to a section. Therefore, a lot depends on factors Ritesh mentioned.
But in the end, what's the solution? The company realized that your staying the full term is meaningless to them... It may have reflected in your quality of worker attitude post-resignation, for example. And they are not interested in paying someone who resigned after a month. Complaining to labor officials is meaningless in an unclear situation, and trying a legal route would cost far more than the balance notice pay. So suggested, forget it and move on.
From India, Mumbai
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If you look strictly as per the law of contracts, you are required to serve a minimum notice period when you resign, and the company is required to pay you for the notice period if they terminate you. When you send a notice of resignation, it is a notice of termination of employment. The other party then has the right to accept with the notice period or decide to accept with immediate effect. Since you resigned, it is not necessary to pay the balance of notice pay they have waived.
But again, there is no stated clear law on this, and the above is also derived from various clauses of the contract act and not a direct reference to a section. Therefore, a lot depends on factors Ritesh mentioned.
But in the end, what's the solution? The company realized that your staying the full term is meaningless to them... It may have reflected in your quality of worker attitude post-resignation, for example. And they are not interested in paying someone who resigned after a month. Complaining to labor officials is meaningless in an unclear situation, and trying a legal route would cost far more than the balance notice pay. So suggested, forget it and move on.
From India, Mumbai
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Hey guys, thanks for all your suggestions. It was very helpful to understand things better.
Staying full term is meaningless - yes, correct! Trying a legal route - yes, it will cost money, energy, etc., and not always the best way for long-term relations. It's better to negotiate through mutual discussions first and reach a consensus.
Forget it and move on - sorry, but I also strongly believe in justice and fair play. If we keep ignoring "unfair practices" just because the legal route is complex, painful, and slow, people will keep exploiting such loopholes. We shouldn't let these people go away so easily. Next time anyone tries to play unfairly, they should be forced to think twice! What do you say?
I'll speak with them to try to resolve it in a friendly manner. Let's see if they don't agree. As per ray calculations - they'll owe over Rs. 1L (not a small amount!)
Thanks for taking your time and attention to my query!
From India, Kolkata
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Staying full term is meaningless - yes, correct! Trying a legal route - yes, it will cost money, energy, etc., and not always the best way for long-term relations. It's better to negotiate through mutual discussions first and reach a consensus.
Forget it and move on - sorry, but I also strongly believe in justice and fair play. If we keep ignoring "unfair practices" just because the legal route is complex, painful, and slow, people will keep exploiting such loopholes. We shouldn't let these people go away so easily. Next time anyone tries to play unfairly, they should be forced to think twice! What do you say?
I'll speak with them to try to resolve it in a friendly manner. Let's see if they don't agree. As per ray calculations - they'll owe over Rs. 1L (not a small amount!)
Thanks for taking your time and attention to my query!
From India, Kolkata
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