Is It Legal for Employers to Change Notice Periods? Seeking Advice on Early Relieving Practices

Dear Friends,

One of my friends has submitted a resignation letter, and as per his accepted appointment offer, a one-month notice period is to be served. However, it is observed that management has asked for an early relieving date and to leave sooner. This differs from the treatment of others. By being aware of employees' joining periods at new companies, our management is intentionally harassing them by either relieving them early or not relieving them on time.

Can anyone suggest if there is any court order that mandates management to relieve employees as per the terms and conditions stated in the appointment letter?

Regards,
Kumar

Hello Kumar,

I have seen threads highlighting the 'problems' of Late Relieving. I never realized that 'Early' Relieving can be a problem too :-)

Please tell your friend to coolly accept the early relieving without any issues BUT collect ALL the Letters [Exp, etc] he is supposed to get before he leaves; then inform the new company that he can join a bit early [if it's OK with them]; then ask him to relax at home for a week or so, and then join earlier in the new company. This way, he can get the higher salary from an earlier date too--I assume he is getting a hike in the new company.

Regards, TS

Hello Kumar,

This is really a serious problem for the employee. Anyways, first advise your friend to collect all the documents pertaining to relieving and experience certificate. If the company is not giving the exact date of relieving, I believe he must have his salary slips which could help him in joining a new company. Also, it depends on when your friend is joining the new company. Since he has one month in his hand, he can leave the company now and prepare for the new job. In this way, he will have some days to relax. Alternatively, if he wishes, he can join earlier in the new company, saying he has been relieved. Hope there wouldn't be any problem.

Regards,
Arpana

Greetings,

I echo Satheesh and Arpana. In addition to it, please consider the following:

- Ensure your friend documents the clearance process that he/she completes.
- The knowledge transfer is a sensitive area. Please keep a copy of the document that declares the KT is over.
- Email every leader within the firm, thanking them for the support you received from them. Mention the last date of working.
- In case the employer requires you to leave early, please send a 'Thank you mail' to the concerned authority and the HR for their support.
- Stay focused on maintaining decorum and documents to be referred to later.

Regards,
(Cite Contribution)

Kumar,

Some companies resort to the practice of early relieving or immediate relieving once they receive resignation letters. They apprehend the leakage of official data or consider it a liability if they prolong duty any further. Such conditions of early relieving, at the discretion of management, are mentioned in the appointment letters that I have come across. In fact, such a condition is stated in my appointment letter.

Pon

Dear All,

Thank you for your advice. The problem with early relief is that he cannot join the new company immediately as he has to give a 2-3 months' notice period. By relieving him early, the present company poses a threat of having no job at hand for at least a month. Sometimes, the new management agrees to allow him to join early.

Next is the appointment letter, where a one-month notice is clearly given by either side. Last year, the management issued a letter stating that the notice period had been increased to 3 months (the letter did not have the company head, letter number, etc.) and it was not signed by the employee (not requested). Is this letter sufficient for extending the notice period? Please advise.

Kumar