Navigating Notice Period Conflicts: How Should I Handle My Company's Request?

Dear Sir,

I am working for X company. I have informed my company to release me as per the terms and conditions of employment outlined in my appointment letter. The terms specified in my appointment letter state that I must provide a three-month notice period or pay the equivalent salary if the notice period is not served. If the company prefers the employee not to serve the notice period, it is required to pay for the notice period.

I am willing to adhere to the company's policy of a three-month notice period. However, the company has verbally communicated that I must serve a one-month notice period and compensate for the remaining two months.

Could you please provide guidance on this matter?

Hi,

No one can force you to pay back your notice period amount. You can contact your company's HR head directly and discuss the matter. Tell him that as per the company policy, you are serving the full 3 months' working notice period. Talk to him straight away regarding the notice period clause mentioned in your appointment letter. All the best.

Hi Zaheer,

If the letter says that you need to serve a notice period of 3 months, you should do it. If you are serving less than three months, you need to pay back to the company. However, if the company is asking you to serve a notice of one month and return the money for the remaining 2 months, that is not acceptable. You should talk to your HR and get it in writing.

Regards,
Anuradha Singh

I have already resigned from the company (CEO) and informed the company. Please release me as per the company's terms and conditions of employment mentioned in my appointment letter. It's been 15 days since I submitted my resignation, and they have not responded back. Verbally, they have informed me that I will be required to serve one month's notice period and pay for the next two months.

They have also stopped my salary for last month and this month to recover the notice period. The company deposited the salary in my account and then removed it as I was discussing my resignation with the employer (CEO). Can you please advise me on the actions I can take in this situation? I am genuinely concerned about this.

Hi,

In your case, the company seems to have your necessity only for a month and wants to relieve you after that. Nevertheless, in order to not make your case an example for others who see relieving without payment, they are asking for repayment. I would suggest that your current mode of action should be "discussion and settlement." Confrontation can only lead to an unhappy ending to your current relationship, which will be more detrimental than beneficial.

Cheers,
Badri

Dear Badri,

They are not ready for a discussion. Whatever we say is final. They already have my two-month salary. They are not losing anything; I am losing everything. Can you please guide me on what I can do in this case?

Dear Zaheer,

Contact a lawyer who can help you with this. It seems that they have not paid you for the work you have done after informing them of your resignation, which you have the rights to claim back.

Regards,
SCS

I do agree with Mr. Badri. However, the action of your employer is not ethical. Another option is to negotiate with your new employer to reimburse the notice pay in case you decide to settle the matter with your current employer.

Regards,
Murugesan R
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