Can Company Ask You To Leave Early In Notice After Acceptance Letter - CiteHR
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Arun Kumar Maitra
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NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
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Hi All,
I need help.
I have resigned from my current position and my resignation was also accepted by the company.
I have 3months notice period (and will not be working any further. Hence i do not have a job in hand) and hence served my resignation in Jan 13 so that i am relieved by 31st March 13.
now my company wants to relieve me in Feb 13, even after giving me an acceptance letter confirming that my last date will be considered as 31st March 13.
The reason they want to do this is because if I complete by tenure till 31st Mar 13, the company is liable to pay me my annual performance bonus which is an extremely huge amount.
Please suggest, how do in ensure I receive my performance bonus (which is also a part of the CTC)

Hi Anonymous,
As you explained that you have received a later confirming your last date will be 31st March 2013. So, if the company wants you to be relieved on 13th Feb, its not yours fault. You are still liable to get all your employees benefit which should must be applicable till 31st March 2013.
You should must confirm this with your HR. Hope they will be positively in favor towards your issue.
Regards,
Prabhat
+919709470475

HI Prabhat,
Thank you for your response.
I will certainly speak to the HR but incase the situation goes beyond control, I needed to understand if legally, i can demand for all my benefits that i am eligible till 31st March 13.

Hi Anonymous, Yes, Of Course. As per my knowledge and experience, I am confident about it. Regards, Prabhat
hi Sweta,
If the company wants to relieve you on 13th Feb, you are still eligible to get the performance bonus atleast till 13th Feb 2013. The only challenge will be following up with your Manager (to give proper rating/feedback to HR) and HR to get the bonus amount with FnF or as per the cycle.
You can also go legal if not received.

Hi Sweta,
To focus on notice period, Pls. check your appointment letter , if there is the clause of notice period payment by eighther party than you shall eligible for Notice period payment.
Regards,
Manohar

any company is bound to adhere with the terms and condition of appointment letter.
if three months notice is required as per TC then u are eligible for all benefits as the company is relieving you early .if the company is well managed professionally then no problem other wise u must spk to ur higher authority before any final statement is prepared. it is better to settle it in your presence and avoid litigation.

Dear Anonymous,
What are the terms and conditions for bonus. Please check that carefully. Company cant not relive you before your notice period unless they pay you the remaining amount.
An organization can terminate the services for disciplinary cases and non or under performance during notice period. Was anything related to that mentioned to you while accepting your resignation. If they havent given you anything in written about these terms than than cant take any action.
Also in Bonus clause see, if its mentioned that if you resign before completion of year than bonus may or cant not be paid, if its mentioned than company wont pay you the bonus. Please check all those terms and conditions and discuss with HR Manager.

First of all, tell me dear ananymous, what made you to quit in a hurry without checking all these issues before hand. Instead of posting this query and exchange of clarifications, you could have done this first before putting in your papers.. What drove you to take such a decision, especially since you say you have no job on hand. The saying goes this way: Don't change horses midstream ! You should have first checked the repercussions, the fall-out of your decisions and then suitably put in your papers. You could have even delayed your decision and resigned with effect from 30th April. In fact, you could have utilised this notice period to get into a good job, finalise the deal and then put in the resignation letter here. You could have also saved lot of stress, worry for yourself !
Youngsters (I hope you are one !) these days are always in a tearing hurry.. Decide in a hurry and repent at leisure.. We are seeing so many issues like these in Cite HR, every other day !

Since they have released you on a prior date inspite of accepting your notice ,you shall be entitled to all retirement benefits alongwith notice-pay.
However, notice-pay will be payable for the difference between date of release as per your notice and actual date of release,subject to relevant provisions in their service-rules.


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