Early Relieving Without Pay - CiteHR
Saswatabanerjee
Partner - Risk Management
Pon1965
Construction
+1 Other

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I work as a Network Engineer with 14 Lac CTC.After 3 years of my service the company did not give me any Appraisal ,so i decided to move on and therefore i asked them to let me serve a 40 day notice period instead of 60 days as per my contract.Today the HR called me and wanted to relieve me early without giving me a month salary.I rejected to accept the early relieving and did not sign any papers.My question is do i have a case against them to give me a months salary.
Refer your appoint letter conditions. They might have inserted a clause stating that the employer is at liberty to early relieve without pay. Pon, chennai
There is no clause in my contract like that

The contract says the following

3. During you Probation Period, the employment can be terminated without any notice, however, at the time of resignation/ leaving the Company, You are required to give 60 days’ notice period. Similarly, either during the Probation period or after confirmation of your employment, your services can be terminated by the Company by giving One month’s salary in lieu thereof, i.e., the decision will be at the discretion of the Company. Also, the company, upon termination of Your employment (During Probation or after Confirmation) will not reimburse you the One month’s salary for the following reasons:

a) If your work is not up to the satisfaction /expectation of your superiors.

b) Any Theft of Company’s properties committed by you.

c) Any Behavior resulting in disciplinary action which violates policies set forth in the SmartIMS HR Manual.

d) Use of abusive language

e) Passing any confidential information to outsiders.

f) Breach of Contract, if any.

g) Unauthorized leave/ Continuous absenting to your duties/ prolonged illness.

h) Non-adherence to Company’s policies prescribed from time to time.

i) Frequent late attendance to Office.

This matter has been discussed a number of times on the forum. Yes, the company has the right to accept your resignation with immediate effect. There is nothing you can do about it.
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