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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?

  • Did you agree to the last working day of April 30th? Two parties certainly can mutually agree to change things. If you did not agree with the April 30 date, did you communicate this clearly back to them? – Polygnome Jul 20 at 14:16
  • "Shouldn't labour laws and hence the notice period be the same for both the employee and the employer". Not necessarily. Also, I'm not sure that the "notice period" has been changed at all; generally a "notice period" refers to an amount of time an employee must give to an employer before voluntarily terminating their employment, rather than the reverse. – sharur Jul 20 at 14:39
  • @ Polygome I had tried to raise this issue earlier, they had said they will take note of it when I finally leave the university, now! I guess they did it because semester ended on 30th April, and May and June were summer vacation. – Vikash Jul 20 at 16:03
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    @ Sharur I disagree with you. The university rule book also mentioned that if a university wanted to terminate a faculty, university will also give a three month notice. – Vikash Jul 20 at 16:04
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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.
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  • I was a regular tenure-track salaried Asst. Professor. – Vikash Jul 21 at 4:56

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