I had resigned on 16th August and have 2 months notice period. My employer agreed to relieve me by 8th October 2021 and an email stating that LWD is 8th October and subject to completion of the handover. I had sent the handover tasks list to my reporting manager on 15th September to which he did not reply. My reporting manager stated in the email that my handover is complete on 28th September. on 1st October, he sent me a mail stating that a few of the tasks which I had mentioned in my earlier mail that I will try to complete before I go should be completed, otherwise my notice period will be extended. Please note in the 15th September mail I had clearly stated I will try to complete before I go did not say that they would be completed by then since these are dependent upon other stakeholders.

As per the company, my last working day is 14th October if 60 days is to be counted. my next employer is not ready to wait for more than this and has asked me to join by 11th October. The current company also has a policy that in case of shortfall in the notice period, salary can be adjusted. the current employer has not paid me my salary for August, September saying that I was on notice period. Can my manager extend my notice period (till now there is no mail at the end of 4th October)? I am planning to leave on 8th October irrespective of what he says. Is there legal recourse to it? Can the company stop issuing me relieving letter and declare me absconded if they extend the notice period? Also, can they stop my payment for FnF? All support and guidance are appreciated.

From India, Pune
Labour Law & Hr Consultant


Dear Draizy,

Notice period prior to resignation doesn't alter the right of an employee to get his salary for the services he rendered to the employer or the employer's liability to pay at the end of the wage period.

When the employee is present for work for all the days of work during the notice period, any shortfall noticed by the functional head which can lead to a dispute would be a question of fact depending on the nature of the work particularly when its accomplishment being a matter of joint efforts of many people or involving cyclical phases. Therefore, certainly, it cannot be a valid reason for extension of the predetermined notice period of an employee whose resignation was accepted and the date of actual exit already agreed by the employer.

Apart from being a breach of the contract of employment, holding the salary for the notice period consecutively is neither a good HR practice nor an act of legality which could be supported by any plausible explanation by the employer.

Similarly, it is not a good administrative practice on the part of a prospective employer to shorten the time of joining of any candidate already employed in another organization.

You should note the point that paid employment career is a continuous process facilitated by cordial inter personal relationship with your colleagues particularly with your immediate superiors for they are the best judges of your performance. So, please don't indulge in wild imaginations which can make you more easily emotional rather than rational to handle a difficult situation adeptly. Still there is time to patch up things.

Therefore, whatever the way you desire to make the separation from the present organization, it is better in the interest of your career that you should, by all means, ensure that it does not create a conflict situation which can adversely affect your career at the end.

From India, Salem

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