Notice Period Query - Company Notice Period

Please let me know if X resigned on 18 Nov and served notice until 18 Dec. Due to some reason, X was relieved on 30 Nov and joined another company on 1 Dec. Can X claim account settlement from the previous employer for the period of 18 Nov - 18 Dec? If X does so, will it be considered a case of double employment?

If he was relieved for your convenience without considering his last date as 18th December, then you have to pay him till 18th December. You need not go into detail about his joining another company on 1st December. Moreover, for terminal benefits, PF, and other deductions are not made, and you will be contributing to PF, etc., up to the date of his physical presence in your company. Therefore, the question of double employment will not arise.

Madhu.T.K

Sir,

First of all, thank you for your immediate reply. Another query arises in this situation: the employer did not release X's salary upon relieving him from his services; instead, they paid him until the 30th of November. Can X challenge his employer in the court of law for the total emolument up until the 18th of December, despite joining a new company on the 1st of December?

Thanks