• Notice pay amount for resignation without notice during probation.

Sir/Ma'am,
My appointment order (Central Govt Health Services) mentions one month notice period.
At the time of joining I had intimated that I am awaiting result from another organization.
I had applied for resignation through proper channel after 10 days when I received the result. 
Till that time, I did not receive proper official (from concerned ministry) joining order nor the proper relieving order for my resignation. Also, I did not receive any salary for 10 days service.
My queries:
1. Can the notice period amount be waived off for me.
2. How do they calculate the notice period amount. 
a. Isn't it that the 10 days salary should be adjusted in that? 
b. The payable amount should be full salary plus all the allowances or just the basic salary? (Nothing in this regard has been mentioned in the appointment order)

Thanks in advance
Asked 3 years ago in Labour

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6 Answers

1. You cannot claim waiver of notice period neither you can evade the payment of notice period at your convenience. You have accepted the terms of your employment and signed the offer letter hence you are bound by the conditions and may be held liable for payment of notice period as per the terms and conditions of the employment.

2. Notice period is generally calculated on the basis of your monthly salary, 

a)if a person gives only 20 days notice period then u have to calculate the remaining 10 days from the monthly salary that means u have to hold the 30 days salary. The calculation is monthly salary divide by 30 days or 31 days and once u get the per day salary then multiply with the short notice.

payment in luie of notice means Basic Wages + Dearness Allowance,

According to the new advance GST ruling for the employees, any employee that fails to serve the notice period will have to pay a recovery amount to the company on the differential period. And upon that recovery amount, the employee will be charged 18 percent GST by the company. Which is a standard charge for GST applicable on services.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1)it is at discretion of organisation to waive the notice period 

 

2) it would depend upon  the terms of  appointment letter 

 

3) you should be entitled to 10 days salary 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

- As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.

- Further, as per the Supreme Court , Resignation is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service. 

- Further, Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.

- Hence, the employer can terminate during the probation, and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation, and hence no notice period is applied during the probation period. 

1. If you are on probation period , then it can be waived 

2. No notice period applied if you resigned during the probation period. 

- You are entitled to get the salary of 10 days

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client,  I am sorry to hear that but in this case you have rely on the job agreement. If the agreement states the sane then it is enforceable.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

10 days basic will be adjusted as notice pay to you

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

  1. Payment of notice amount cannot be waived. It is general rule, no exception is allowed.
  2. Basic salary will be taken as amount of notice
  3. 10 days salary will not be adjusted, you will get ten days salary.
  4. It is just basic salary.

Ravi Shinde
Advocate, Hyderabad
5129 Answers
42 Consultations

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