Will I get salary from the University for the served notice period?

Question

I work with an Indian University. The notice period for resignation is three months as mentioned in the faculty handbook. Their rule also mentions,

"Faculty wishing to be released earlier than the notice period, for extraneous circumstances will be required to pay equivalent of salary and benefits for the notice period not served."

I resigned on 31st March and mentioned the three month notice period clearly in my resignation email. The dean then made the last working day, 30th April, since teaching for the semester ended that day. I did not worked for the university in May and June. Also it seems they changed the notice period forcibly to one month. Can they do so?

So should I be paid for May and June too? Shouldn't labour laws and hence the notice period be the same for both the employee and the employer?

Answer 1

Yes, you should be paid for May & June

By terminating you early, the university has chosen to reduce your notice period and must pay you out for the period you were contractually required to work.

How much you should be paid depends on how you are normally paid. For example:

• if you were a salaried employee paid the same amount every week/fortnight/month; then you should receive your normal salary.
• if you were a permanent part-time or full-time worker, then you should be paid your wage for your normal shifts.
• if you were a casual worker paid only for the shifts you are rostered onto, then the university owes you nothing because you wern't rostered on in May and June.