Company Is Relieving Before The Expiry Of Notice Period

Hi, I am working in a company and I have resigned from my job. I am supposed to serve a notice period of 60 days, and I am ready to serve the whole notice period. However, the company is asking me for early relief and they don't want to pay for the remaining days.

I am asking them for the money for the remaining days that I am not serving, but they don't want me to continue serving.

I have the following questions:

1) Is what they are doing correct?
2) Am I eligible for the money for the remaining days I am not serving?

Many companies do what this company has done to ensure that the person leaving does not take the company's secrets out. Whether you are entitled to 3 months' salary or not depends upon the employment contract that you were given.

Hello cs_jai,

There could be quite a few reasons for companies to relieve someone early [before the Notice period], like:

1) Want to push the employee out ASAP--could be a security risk [like Simhan mentioned].

2) Performance-related [what would this guy do staying here now, except taking a salary?]

3) The resignation could be in tune with the HR's lay-off plans--saves them the trouble of laying off the employee [more prevalent in the IT sector].

AND maybe a few more.

Coming to your queries:

1) Whatever they are doing is correct or not?

I don't think this is a right/wrong issue. Legally the company would be covered [check your Appointment Letter--usually something like '.....at the discretion of the company/management......' would be mentioned].

2) Am I eligible for money of remaining days I am not serving?

Like Simhan mentioned, please check your Appointment Letter.

But why do you want the salary for a period you haven't worked here? I suggest looking at this aspect/point in another way.

You would have got another job which is the cause for this resignation, in the first place. And I presume I can pretty comfortably assume that the new offer has a better CTC than what you are getting now. So maybe this could be your chance to get into the new job and start to draw a higher salary ASAP, rather than waiting for 3 months--just give this a thought.

But in case you want this company to pay you the 3 months' salary AND yet join the new company earlier and get the advantage that I mentioned above, all I can say is: stop being greedy... that's the surest way to anyone's downfall in the long run.

All the Best.

Rgds,

TS

My friend had a similar situation last week. The current company wanted to push him out the next day, whereas he took 2 months' time from the new company, thinking he would not be relieved unless he served the notice. However, the new company doesn't want him to join earlier as his background check needs to be completed before he can join. In this case, the employee will be without a job or salary for 2 months, though he has another better job offer with a higher salary. When an employee is ready to serve the notice, why should the current company push him out without paying any salary? I feel that as long as there is an offense or misbehavior that leads to termination, the current company should use some ethics, as they expect the same from the employee.

Dear Sir,

When you have resigned from your job, there normally won't be any interest in the company affairs. The management is also not interested in entrusting you with important tasks. When both parties lack confidence in each other, it is better to resign. If the management is willing, you can proceed on leave for the remaining period of the notice period if you wish to continue in service.

D. Gurumurthy
HR/IR Consultant

Mr. Gurumurthi is right. When a staff resigns from a company, there may not be dedication and involvement output for the employer, and the employer may recruit for the post and not be willing to pay two salaries for the same position. You better join the new offer you received or you may deduct your leave if you have any. But do not dare to make an issue out of this. It may lead to negative remarks during the enquiry from your new employer to your current employer.

Think and act.

A. Kathar Basha
Bismi Manpower Consultant
Coimbatore

Many of our friends have explained this clearly. The moment someone hands in his resignation, he loses his job and becomes less involved in his work. The company will not benefit significantly from this situation. It is his decision to quit the company, and the company never asked him to resign. It is within the company's discretion to release him before the full notice period is served or not. Expecting salary for the remaining period is not fair.

Balaji

Yes, it happens sometimes when companies don't want to provide compensation or when you don't have work assigned to you. So, it's better if you move ahead and think about new opportunities that you may have.

Best of luck...

Dear Jai,

I am not aware of the reason why you are leaving the current organization, whether it is for a better offer from another company or if the current company is forcing you to leave.

In the case of the Notice period in HR, I can say there are two options:

1. You serve your whole notice period and receive your salary.
2. If the company is pushing you to leave and you are willing to serve the notice period, as per your appointment letter which mentions that any party can leave the job by giving two months' notice, then they have to pay you your notice period whether they want to or not.

Just remember that if you are forced not to come to work but the company still considers your notice, then you will be eligible to receive only your basic salary as the notice period amount. This applies in both cases. If you leave without serving the notice period, the company is liable to deduct only your basic salary as your notice period.

So, think about it and discuss it clearly with your HR or Management.

If you have mentioned in your resignation to relieve you "on or before" the completion of the notice period, the management can, at its will, relieve you even before the completion of the notice period, without paying you the difference of the notice period.

As everyone said, you need to check your appointment letter to get a clear idea of the company's stance on this issue. Companies may require you to work for a specified period (such as one or two months) after resignation, to allow time for finding a replacement and ensuring a proper handover of work.

In your case, they may have already hired your replacement or have someone in mind, which is why they are eager to relieve you so early. Personally, I find this practice unreasonable. An employer typically will not issue a relieving letter until they have secured a suitable replacement for the departing employee, even if the employee is willing to offer compensation for the remaining period. However, when the decision lies with the employer, they tend to overlook all terms and conditions.

Once you resign from the company, you should be happy when you get relieved so that you can join the new company. I am wondering why you are eager to work the whole notice period. The company may not want to let you start something that you cannot continue till the end. For your eligibility for salary during the notice period, you should refer to your appointment letter or terms and conditions.

Hi, C.S. Jai,

Legally, you are entitled to salary for the notice period. It is better for you to silently attend your office during this period and claim the wages for the said period after you receive all your terminal benefits. If you have leave available, take leave during this period because questioning the action of the management now could lead to problems and withhold your settlement benefits. However, the law is very clear: even until the last date of the notice period, the resignation will not be "effective," so you can even withdraw the resignation.

Dear sir,

I resigned from my previous job without serving the notice period. It has been decided that my new company will pay the remaining notice period salary upon joining our company. Now, after six months, my current employer has requested me to provide a pay slip showing deductions from my previous company. Kindly provide me with a letter in this format.

Thank you.

Dear cs_jai,

Generally, the notice period mentioned in the appointment letter is equal and applicable to both parties; which in your case is presumably 60 days or 2 months.

An employee in your position, who would get selected for another job in a different company, when asked how early he can join, would consider the notice period and seek at least two months' time to join.

When the same employee tenders resignation, he stipulates that as per the agreement on the notice period, he would like to be relieved after two months.

Now, at this point in time, considering all the arguments put forward by our members, the company is at liberty to relieve the employee at any time before the expiry of the period indicated by the employee.

However, since this is an action that is actually initiated by the company, as per its own convenience, the same policy of the notice period applies to the company too.

Thus, the company is liable to pay compensation for the notice period (in this case, two months) less the time it allows the employee to work.

What it means is, if after submitting your resignation letter, the company relieves you the next day, then they are liable to compensate you for two months' salary in lieu of notice. If they allow you to work for a week, then they should compensate you for seven weeks' salary.

What happens in reality is the management assumes the following:

- His services can be dispensed with anytime since he has already resigned, apart from the other reasons mentioned in other posts.

This state of affairs continues, as generally HRs are too powerless or docile to adhere to the principles of natural justice (with due apologies to all) and at times are ignorant of the finer points of law, equity, and justice.

I do not know if you would be able to fight your case in a civil court, as you may not have the protection available to a "workman" under the labor laws; however, I wish you to know and have the satisfaction that what you have asserted is correct.

Warm regards.

Hi All,

Need some help, after my maternity leave I joined the office on 11th Jan’13. After my joining of office my reporting manager ask me to sit at dispatch department for the job of data entry and maintaining register for incoming and outgoing letters, which was not acceptable as earlier i was working as Personal Secretary and Admin Executive in the same company and I have done my MBA in retail operation and the job is below my expectations & dignity. While conveying my concerns many times to my reporting manager he did not given me the job as per my qualification & experience and asked me to leave, if I am not ok with the job profile assign to me in dispatch.

After having lot of humiliation and mental harassment I decided to quit the job and tendered my resignation to my manager on 17th Jan’2013.

The resignation is accepted by the management with immediate effect as stated in the “letter of acceptance of resignation, without asking me to serve the notice period. However, I have not asked for the immediate relieving.

and now instead of giving me the money for the days i worked before my resignation, i got a letter from my company that i have to pay the amount of Rs. 16,000 as full & final for not completing the notice period.

Company is also threatening me to take legal action against me if i fail to pay the money, should i have to pay the notice period to the company. Kindly suggest.

Regards,

Ruchi

Dear Ruchi,

In order to provide you with some suggestions, is it possible to reproduce the gist of your resignation letter and their acceptance letter? This is only to ascertain some details like:

1. What does the clause in your appointment letter say about the notice period on resignation?

2. Did you mention in your letter an indication about the commencement of the notice period? (Everyone who resigns, please ensure to mention in your letter something like the notice period "from" and "to" and when you wish to be relieved.)

3. If in your case you indicated a date as the commencement of the notice period, then you are bound to be given either Notice Pay instead of the notice period or be allowed to serve the notice period as per the appointment letter with pay.

4. Suppose despite you indicating the notice period, they chose to relieve you with immediate effect, you are entitled to Notice Pay instead of the notice period.

Incidentally, were you mentally prepared to look for an alternate job? Have you been actually relieved by now or not? How about your Full and Final settlement? How long did you work there? I think you shouldn't worry about their claim of Rs. 16k if you are not working there.

Regards,

kumar.s.

Dear Sir,

The management is at liberty to relieve you before the expiry of the notice period. However, the management has to pay the notice period salary.

Normally, a resigned person will not have proper interest to concentrate on their work after resignation. In such cases, the management will relieve the resigned person immediately. Nothing to worry about because the resigned person will be ready to quit from service.

D. Gurumurthy
HR & IR Consultant, Hyd.

Dear All,

I am attaching a very recent discussion from this forum on a similar issue. I hope this will be useful for everyone. I must appreciate Mr. Raj Kumar Hansdah for his expert opinion in both discussions.

URL: [https://www.citehr.com/450429-can-company-ask-you-leave-early-notice.html](https://www.citehr.com/450429-can-company-ask-you-leave-early-notice.html)

Regards,
Prabhat

Hello All,

Actually, I need help regarding the law for the notice period for a lady teacher's position at a private school. The offer letter states that the teacher is required to serve a 3-month notice period. However, as far as I know, according to Karnataka law, if you are in a probation period, you are required to serve a minimum of a 7-day notice period.

Furthermore, if we serve the notice period for one month (as opposed to the 3 months stated in the offer letter), are we not entitled to receive that month's salary?

Please consider this an urgent request.

Thanks,
Best regards,
Manish

I want to know what the right rule is for paying the notice period. Does the company pay only the basic salary or the full month's salary if the employee resigns immediately?

Guleria
9418077441

I want to know what the right rule is for paying the notice period in the Indian industry. Will the company pay only the basic salary or the full month's salary if the employee resigns immediately.

Ashok Kumar HR ASST.

Dear Seniors,

I have a question for my seniors, kindly help me out and advise me. I was asked by my senior to resign as the management has dissolved my post, and I resigned. In my resignation letter, I stated that I am resigning due to my senior's request and the dissolution of my post, providing the required one-month notice period. I received the acceptance of my resignation letter, and my notice period was waived off, leading to immediate relief. Would I be entitled to one month's advance pay as per our institution's policy, or will they not allow it?

Thank you.

I had given my resignation on 25/09/2014 due to some problems and I received an offer from a new company stating that I should join on 29/09/2014. I have the following types of leave balances: C/off: 7, CL: 8, SL: 7, and PL's: 20. I am trying to convince management to relieve me earlier by deducting my leaves during the notice period, but they are not accepting this request. Therefore, I kindly request guidance on how to proceed according to the law and resignation rules. Should I proceed earlier using these leaves?

Regards,
Basha

Hi, I am Balakumar. I have a problem in serving the notice period. According to company policy, the notice period is 3 months, and I am planning to relieve within 1 month due to getting another job. Also, I have completed 1 month working. However, when I contacted HR, he is telling it's compulsory to serve the notice period of 3 months. I hope in every company there is an exception for waiving the notice period like a buyout option. I am ready to pay the notice period amount, but they are telling me I can't. They informed me that the payment option is not available in our company, so I have to serve 3 months.

After 1 month, I sent an email to HR stating I am not going to the company and have joined a new company. Now HR is telling me to come and continue working for another 1 month and to take relieving, but I am not able to work. The only reason they are giving me is that it is company policy and I have to serve 3 months.

Can anyone suggest how I can move forward and get relieved soon?

With reference to Mr. Bkumar718's query, please read the thread titled "My organization not accepting resignation, forced me to serve notice" and the comments posted on 30.3.2015 and 31.3.2015 discussing a similar issue.

Thanks,
Sushil

Hi, I am working at one of the reputed IT companies for the last 15 months. I have now resigned from my job and am currently serving my one-month notice period. Prior to resigning, the company had no complaints about my work or meeting targets. However, during the notice period, they have suddenly started pressurizing me.

My question is, after serving the notice period and completing the work they require, can they trouble me to receive my last month's salary and a relieving letter? Is there any law for private limited organizations in such situations?

In my opinion, as per appointment terms, you need to serve a notice period. On failure, the company has the right to claim the amount from your dues - the balance of the notice period. The same right is available to an employee who is relieved earlier by the company without completing the notice period. The third option is mutual consent between the company and the employee, wherein the notice period as per the terms of the appointment letter is waived off.

Dear all,

I have resigned from my last company. However, the company has deducted the notice pay amount from my full and final statement. As per the appointment letter, if you have received a confirmation letter, then you will serve a 3-month notice period or receive 3 months' basic pay + dearness allowance. I did not receive any confirmation letter during my tenure. Therefore, the notice pay should not be applicable to me.

I am seeking advice on how to address the situation where the company has deducted the notice pay from my full and final settlement, and the HR department seems to be attempting to conceal their mistake.

I would appreciate expert suggestions on how I can recover the notice pay from my last company.

Thanks and regards,

Ravi Kumar

If the employee has given a notice period and continues working even after it has ended, if they leave the job one month after the notice period is over, will the notice period be considered fulfilled?

Do employers need to give one month's salary to me if I am ready to work for a one-month notice period? If the employer says there is no need to work the notice period, may I still receive the one month's salary as well as PF for that particular notice period month?

Can anyone have a Notice Period Policy?

---