Hi,
I resigned from my services on 24/2 thereby mentioning that I am ready to serve full 45 days notice period. On the same day the company processed my full n final settlement but did not pay me notice pay. I resisted for this but they said if I did not accept fullnfinal without notice pay, they may not even pay my other salary components. Under forced circumstances I have no other option but to accept it. I wanted to know if I can get my notice pay recovery from them as it is clearly mentioned in my offer letter.
From India, Patiala
I resigned from my services on 24/2 thereby mentioning that I am ready to serve full 45 days notice period. On the same day the company processed my full n final settlement but did not pay me notice pay. I resisted for this but they said if I did not accept fullnfinal without notice pay, they may not even pay my other salary components. Under forced circumstances I have no other option but to accept it. I wanted to know if I can get my notice pay recovery from them as it is clearly mentioned in my offer letter.
From India, Patiala
Generally, if the employee resigns, the Company will not pay Notice Pay to him.
You would have been entitled to notice pay of the Company had terminated your services.
In this case, you have resigned and shown your willingness to serve the notice period. However, the Company has relieved you on the same and implicitly waived off the notice period.
In my opinion, you should not be getting the notice pay and the Company is right as per the facts mentioned in your query above.
Thanks & Regards,
Avika
From India, New Delhi
117You would have been entitled to notice pay of the Company had terminated your services.
In this case, you have resigned and shown your willingness to serve the notice period. However, the Company has relieved you on the same and implicitly waived off the notice period.
In my opinion, you should not be getting the notice pay and the Company is right as per the facts mentioned in your query above.
Thanks & Regards,
Avika
From India, New Delhi
Hi,
Points to be considered in your situation are :-
a) You have willing resigned.
b) You have offered to serve the notice period mandated by the company.
Accepting the resignation with X days notice is a prerogative of the company, so also the company can decide whether to let you serve the notice or not. Your company has decided to waive the notice period; which has no legal flaw.
Had the company terminated you, they could decide whether they want you to serve the notice period or give you payment in lieu of notice.
In your case, you have resigned, hence the company is within its rights to settle by waiving off the notice.
Unless there are other relevant circumstances to your resignation, do let us know.
Regards,
Deena Jagasia
From India, Mumbai
Points to be considered in your situation are :-
a) You have willing resigned.
b) You have offered to serve the notice period mandated by the company.
Accepting the resignation with X days notice is a prerogative of the company, so also the company can decide whether to let you serve the notice or not. Your company has decided to waive the notice period; which has no legal flaw.
Had the company terminated you, they could decide whether they want you to serve the notice period or give you payment in lieu of notice.
In your case, you have resigned, hence the company is within its rights to settle by waiving off the notice.
Unless there are other relevant circumstances to your resignation, do let us know.
Regards,
Deena Jagasia
From India, Mumbai
I am also in the same opinion of above. When you have resigned, company will not pay 'notice pay' however if company wanted your service they will allow to serve on notice period. In your case when they have finalized your Final Settlement then you have no right to ask notice pay.
From Oman, Muscat
From Oman, Muscat
Im an HR Manager and have been for for nearly 10 years now. Think of this... If you are an employer and you hire someone to do a job and they serve you a 45 day notice. Do you think you should have to pay them? Now, what if it was a 3 month notice or 6 month, would you have to pay them for that as well?
From United States, San Diego
From United States, San Diego
Dear All, I’ve resigned my previous company on 26th january 2014. Am i Supposed to pay notice pay to my company?
From India, Chennai
From India, Chennai
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