Hello everyone,
I work in Mumbai, Maharashtra, for an e-commerce company. I had emailed my resignation letter stating "stating my last day of resignation after 1 month of notice period" on a verbal meeting with the HR Head and Team Lead. They came to a conclusion of not giving me a 1-month notice period which I was ready to serve. Now, after the meeting, it was decided that they will accept my resignation and are ready to relieve me on that day only. They will mail me the Experience Letter and the FnF settlement within 45 days. They have given the experience letter and salary till my resignation. FnF settlement is still remaining.
My question is, isn't it mandatory for the company to compensate me with the notice period salary which I was going to serve? Can I ask for it straightforwardly with my company? What should I be doing in this situation?
Thank you in advance.
From India, Mumbai
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I work in Mumbai, Maharashtra, for an e-commerce company. I had emailed my resignation letter stating "stating my last day of resignation after 1 month of notice period" on a verbal meeting with the HR Head and Team Lead. They came to a conclusion of not giving me a 1-month notice period which I was ready to serve. Now, after the meeting, it was decided that they will accept my resignation and are ready to relieve me on that day only. They will mail me the Experience Letter and the FnF settlement within 45 days. They have given the experience letter and salary till my resignation. FnF settlement is still remaining.
My question is, isn't it mandatory for the company to compensate me with the notice period salary which I was going to serve? Can I ask for it straightforwardly with my company? What should I be doing in this situation?
Thank you in advance.
From India, Mumbai
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Employer can always waive notice period if they so desire. You will have to check out your employment details and rules.
From India, Pune
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3251From India, Pune
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Hi, You would have asked it in your HR meeting My suggestion is check your company policies and confirm it with your HR also.
From India, Pune
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From India, Pune
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In such situations, the employer should pay the notice pay to the employee. Just think of it from another angle, that the employer is giving one month's notice of termination. The employee is expected to serve the required notice period, failing which the employer can demand notice pay from the employee just because it is resignation by the employee.
Similarly, if an employee has resigned and is ready to serve the notice period but the employer is relieving him earlier, it should be construed as termination requiring notice pay from the employer. Moreover, the employer cannot hold the full and final settlement for 45 days. What is the need for 45 days? Is there any CAG's audit to take place or some vigilance proceedings expected? No. The amount in the hands of the employer will give some interest to him. That's all.
From India, Kannur
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Similarly, if an employee has resigned and is ready to serve the notice period but the employer is relieving him earlier, it should be construed as termination requiring notice pay from the employer. Moreover, the employer cannot hold the full and final settlement for 45 days. What is the need for 45 days? Is there any CAG's audit to take place or some vigilance proceedings expected? No. The amount in the hands of the employer will give some interest to him. That's all.
From India, Kannur
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Madhu Sir, many companies hold the full and final settlement for 45 days, I don’t understand the logic behind it but it does happen.
From India, Pune
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From India, Pune
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There is no logic in it but they want to harass those who leave them. They know that nobody is going to file a complaint against an employer. There are companies who issue the Form 16. At the same time, everything will be done once he gets a phone call from a Labor Officer!!!
From India, Kannur
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From India, Kannur
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Dear friend,
If your resignation is accepted abruptly and relieves you from your duties and responsibilities on the same day of your resignation, without allowing you to serve the stipulated notice period, it is a mild form of termination of your service. In such a case, the employer should morally and ethically pay you the notice period salary.
There is no law prevailing that allows your employer to hold your FnF dues for 45 days. Anyway, since you sought separation, put forward your request for FnF dues to your employer.
From India, Aizawl
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If your resignation is accepted abruptly and relieves you from your duties and responsibilities on the same day of your resignation, without allowing you to serve the stipulated notice period, it is a mild form of termination of your service. In such a case, the employer should morally and ethically pay you the notice period salary.
There is no law prevailing that allows your employer to hold your FnF dues for 45 days. Anyway, since you sought separation, put forward your request for FnF dues to your employer.
From India, Aizawl
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