Can My Company Relieve Me Early Without Paying My Notice Period Salary?

I work as a Network Engineer with a 14 Lac CTC. After 3 years of my service, the company did not give me any appraisal, so I decided to move on. Therefore, I asked them to let me serve a 40-day notice period instead of 60 days as per my contract. Today, the HR called me and wanted to relieve me early without giving me a month's salary. I refused to accept the early relieving and did not sign any papers. My question is, do I have a case against them to give me a month's salary?

Refer to your appointment letter conditions. They might have inserted a clause stating that the employer is at liberty to relieve you early without pay.

Pon, Chennai

There is no clause in my contract like that. The contract says the following:

Probation Period and Termination Clause

3. During your Probation Period, the employment can be terminated without any notice. However, at the time of resignation/leaving the Company, you are required to give a 60 days' notice period. Similarly, either during the Probation period or after confirmation of your employment, your services can be terminated by the Company by giving one month's salary in lieu thereof, i.e., the decision will be at the discretion of the Company. Also, the company, upon termination of your employment (during Probation or after Confirmation), will not reimburse you the one month's salary for the following reasons:

- If your work is not up to the satisfaction/expectation of your superiors.
- Any theft of the Company's properties committed by you.
- Any behavior resulting in disciplinary action which violates policies set forth in the SmartIMS HR Manual.
- Use of abusive language.
- Passing any confidential information to outsiders.
- Breach of contract, if any.
- Unauthorized leave/continuous absence from your duties/prolonged illness.
- Non-adherence to the Company's policies prescribed from time to time.
- Frequent late attendance to the office.

Discussion on Immediate Resignation Acceptance

This matter has been discussed a number of times on the forum. Yes, the company has the right to accept your resignation with immediate effect. There is nothing you can do about it.