Ready to serve notice 90dys, co. releasing early without pay
Querist :
Anonymous
(Querist) 28 July 2024
This query is : Resolved
Hi,
I have resigned and my notice period is 90 days, earlier I asked to relieve me early by 17 days, to which they did not confirmed any date and instead just email back and forth saying we will try to release you early.
Meanwhile they are trying to take handover as soon as possible, It took about a month from my resignation date.
So I had enough and emailed that I am ready to serve entire notice period and get my resignation approve from my Department head, I do have copy of email on official email ID, which I have forwarded to my personal email Id and all other important emails of resignation to my personal email ID as a proof.
I still have 1 & half month of notice period to serve and now they are asking me to given complete handover within 3 days, planning to release me early without pay.
So far as I know that as per law if employer is asking me to leave early they should pay me my salary.
And as per resignation policy also , it has been mentioned like wise, I have took screenshot of policy as well for proof.
Do I need to worry.
If I give handover early, can company ask me to leave early without pay.
What other steps I should take.
I have all the email communication on official email id and later I have forwarded it to my personal email ID.
Please help me out of this harassment.
T. Kalaiselvan, Advocate
(Expert) 29 July 2024
If the employment offer letter states that the company has to pay if terminating your service without notice then you can demand the same at the time of getting relieved, if they refuse then you can take legal action by first sending a legal notice demanding your dues.
Querist :
Anonymous
(Querist) 29 July 2024
I am not terminated, i have given proper resignation and it is approved by authorities.
I am working with company for 7 years now.
My appointment letter says - Your service may be terminated by either party, giving notice in writing for one month or payment of basic salary in lieu thereof.
And updated separation policy in June 2024 available on portal says -
As per terms employee have to serve notice period mentioned in appointment letter or any subsequent letter issued mentioning change in notice period. ( Now 90 days)
The company may at its sole discretion may waive off the notice period and relieve the employee from service prior to the expiry of the notice by paying the employee equivalent salary in lieu of the balance notice period.
Settlement dues will be paid along with monthly salary only. Employee will be given salary for the duration worked under notice period along with their full and final settlement.
Any employee absconding during notice period will be treated as an act of misconduct and disciplinary proceeding will be initiated against her/him.
Notice pay calculation - gross salary * no of days served / 30
If they are asking me to leave early, I should be taking that in writing that they will pay me entire balance notice period salary as they are asking me to leave ?
Anything else that I need to do in writing ?
T. Kalaiselvan, Advocate
(Expert) 29 July 2024
The clause what you have mentioned here in the subsequent post is very clear that the management can relieve you even before the expiry of the notice period and would pay the equivalent salary for the remaining notice period, then what is yor doubt about it.
If the company is not making the settlement and not adding this to your F&F settlement you can resort to legal action invoking the said clause and drag them to civil court for recovery
Querist :
Anonymous
(Querist) 29 July 2024
They are forcing me to given handover within 3 days, if not saying that they will take action against me. Should I mention that if the entire handover is not complete within 3 days I am not responsible for any miss data or anything.
What should i do.
T. Kalaiselvan, Advocate
(Expert) 30 July 2024
You can judiciously decide about further course of action because it involves practical issue and any suggestions given may not be effectively executed.
