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I am working with a MNC company for last 1 year.For the last couple of months, I was on bench .I am not willing to take up any assignment that is not as per my skill sets.Now,I am not feeling good enough to stay with the organization.So,my question is-If I resign from my role and offer notice period of two months,Can the employer force me to leave early as I am on Bench these days.
The terms and condition on my offer letter states:2 Months notice is required from both the sides and Company's decision on Termination to be Final and Binding.
Please advise at the earliest.

From India, Delhi
Dear Aksit,
Yes, this is legal..
adjustment of notice period or waied off the notice period is mutual understanding between you & company, if company is ready to waied off your notice period & ready to relieve you without any notice or less than said notice period then, company is not eighther bound pay you any notice period nor recover the same from your side.
In fact, it is good that, they are ready to relieve you as earlier as possible, so whithin that, time you may search for better options.

From India, Mumbai
Assuming that you already have an offer from your next employer, how soon is your date of joining ?
As you have mentioned that you are on bench , your employer can agree to waive off your notice period. However, that entirely depends on the reasons you provide and how you approach them.
Have you tried broaching the topic and found any reaction? How have the other employees on hence treated during their exit formalities .
Tushar have shared what your firm can agree to. Help us understand your situation , so that we can suggest you on the approach.
Wish you all the best !

From India, Mumbai
Hi Tushar,
Suppose I got a job somewhere and gave notice notice to my employer to release me after complete notice period as I have some anticipations regarding my joining,like I have to join after at least 1.5 month(say for example),therefore I want to stay till 2 months.I want to get relieved after 2 Months,Can employer force me in this case to leave early??This is not mutually agreed upon.Thanks.

From India, Delhi
Employer can relieve you without payment early if you resign. Read your appointment letter conditions carefully. Pon
From India, Lucknow
Your contract of employment says two notice on either side. If you resign and give two months notice, the Company can release you earlier only and only by paying for the balance notice period unless you have said in the resignation letter for release at the earliest or on mutually convenient date. Advice that the company can release earlier without paying for the balance notice period is not correct. In the resignation you should say, "I hereby resign from the service of the Company. This is two months notice as per my employment letter and I may kindly be released on the expiry of the notice period."
From India, Delhi
Thanks for your well balanced reply.However,your answers differs from what the others have quoted.All of them are saying that company can release early against my wish.
Please advice on this.

From India, Delhi
As BR Grover correctly mentioned, you can be released earlier even if though Appointment letter clearly mentions that it requires 2 months advance notice from both party ( you and company). However, this is normal practice to release early, if company feel so.
If you have given resignation and need early release, recovery will be done from you to cover the remaining days of the notice period.
If company force you to move early, they should pay you for the remaining notice period.

From India, Delhi
Dear Aksit,
Answer of your queiry is given by "Yourdrem12in".
company can relieve you early, but, they need to pay the salary for respectives days & if you want to leave early, then, respective short fall notice period can be recover from your salary.

From India, Mumbai
The reason being once the employee put up his papers, the umblical chord between employer and employee is cut. Employee loyalty to Employer is in declining path, it is a natural process. The employer apprehend loss of data or leak of information. Hence, try to release early unless special circumstances warranted for retaining the employee till the NP is over.

From India, Lucknow

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