Can an employer terminate an employee without paying salary of notice period?

Can an employer terminate an employee without paying two months’ notice salary?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 16 Jan 2026

Dear client, as per your query, No, generally an employer cannot terminate an employee without paying their respective salary for the notice period in India; they must also either provide the notice or pay wages in lieu (Payment in Lieu of Notice - PILON), with the exceptions primarily for proven gross misconduct, but failing to do so leads to wrongful termination claims, especially for 'workmen' under the Industrial Disputes Act. I hope this answer was helpful. Incase of further queries, please do not hesitate to contact us. Thank you.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 31 Dec 2025

Dear client, the employer cannot terminate you without paying two month notice period's salary. They are to pay you for the entire time you were with the organisation. I hope this was helpful. For further queries please do not hesitate to contact us. Thank you

Admin
Advocate By LEAD INDIA Answered: 30 Dec 2025

If an employer terminates your employment without paying the agreed two-month notice pay, it may be illegal. First, check your appointment letter or employment contract for notice period terms. If notice pay is mentioned, the employer is legally bound to pay it. You can send a legal notice demanding notice pay and pending dues. If unpaid, file a complaint before the Labour Commissioner or Labour Court under the Industrial Disputes Act, 1947. For further legal assistance contact us on our helpline number. 

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