Srinath Sai Ram
Hr Manager
Ashutosh Thakre
Hr Professional
Labour Consultant
Sr. Software Support Engineer
+1 Other

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Hi, In my current company the notice period is 2 months. I am in search of better Career prospect and if I put my papers and I say that I am willing to serve the entire notice period, if the company HR says they are willing to relieve me early am I eligible for the 2 months salary? Please clarify.

No, As the notice period is used to allow the company to search for a replacement. Your salary amount is replacement cost, if you do not serve this period. In case there is no bond amount and salary paid will be treated as compensation. Read this Things To Remember While Drafting A Valid Employment Contract
To further clarify you will not get the salary but the company may sue you and get the 2 month salary amount as compensation.

Dear Krish,
If you have resigned and the company wants to relieve you early, they can do so and they need not pay for the same, as you have resigned and the company has not asked you to go. Secondly, you will also not pay to the company for the shortfall of the notice, as you are ready to server the entire notice period and have not asked for a early relieving date.
Therefore you will be paid on the days that you have worked till.. Just ensure, that your resignation letter, mentions your last date as per the notice period and nowhere does it convey that you want a early relieving. Also, when the company says, that your last date is a early date, take it in writing, that they pre poned the date on their own and so no deductions towards notice period is liable.

The question of you willing to serve does not arise, since as per the Terms of Appointment you have to serve 2 Months Notice or in lieu of notice pay 2 Months Gross Salary.Please focus on getting new job instead of trying to get 2 Months salary just like that.If your Employer terminates your service without serving the mandatory notice, you are entitled for 2 Months salary.Please change your thought process
Dear Krish,
since you are willing to serve the Entire Notice period in accordance with the term of service agreement and if the company want to relieve you early on its own discretion. Hence surely your company has to pay the amount in lieu of Notice period' shortfall if any,
However a employee can resign any time for a better prospective. If employee tender his/her resignation the company cannot hold the employees not to serve and completed the period of Notice by way of early relieving. If they do so? They also have to pay the amount in lieu of Notice period because in this scenario employee has not ask for early relieving.
Thanks & Regards
HR & Labour, Corporate Laws Advisor

Pls read your Appointment Letter's Notice Period clause carefully.
Sometimes it is written
"Either Party can serve notice for 1/2/3 months or payment in lieu of notice period. Other party have liberty to relieve early without any payment for early release.

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