Can a company refuse to pay salary in lieu of shortfall of notice period
3 months ago
I had given my resignation keeping in mind the notice period of 60 days but the HR came and had a discussion stating that since I am on bench they have decided for a shortfall of notice period with a condition that the regular salary will be paid till the last working day, to which I agreed. But I was paid only for 30 days whereas my notice period was for 60 days when I asked them they said it was a misunderstanding from the HR and the management had informed that since they agreed on shortfall of notice period so accordingly the salary was paid. In the offer letter it Cleary mentioned " the notice period for termination of your services is 60 days by either side and/ or salary in lieu of notice period on part of the employer only"
It's concerning that there seems to be a discrepancy between the agreed-upon notice period shortfall and the actual salary payment. In situations like this, it's crucial to have clear communication and documentation. Given that your offer letter explicitly states a notice period of 60 days, it provides a basis for your expectations. I recommend having a detailed conversation with HR, presenting the offer letter, and seeking clarification on the apparent misunderstanding. If the issue persists, consider escalating it to higher management or seeking advice from a labor or employment lawyer to ensure your rights are protected in accordance with the terms outlined in your employment agreement.
Thankyou
When you agreed to the proposal of the management and did not serve the required notice period of 60 days you cannot claim salary for 60 days as a matter of right. An employee is eligible for the payment of salary or wages for the days he worked under the employer regardless of breach of any terms of the offer letter especially when such breach is accepted by the employee under mutual understanding.
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