Is It Fair for My Employer to Change My Last Working Day and Demand a Payout?

Hi,

I submitted my resignation on Feb 25th, and the Last Working Day (LWD) in the system was initially set as May 22. However, the employer later changed the LWD to Mar 10th and asked me to make a payout. Please let me know if, in this case, I am liable to pay back anything to the organization.

Thank you.

Hi,

If your notice period clause is 30 days, then you are supposed to work until the 25th of March 2020. If the employee is willing to serve the full notice period, and the employer prepones the relieving date unilaterally, then they are not supposed to collect any shortfall notice recovery from the employee. Please speak with your HR and explain that you are willing to serve the full notice period. Also, communicate the same through email and ensure it is documented.

Regards,
V.M. Lakshminarayanan
Senior Manager - HR & Admin

No, you are not required to pay back anything. Please check out the notice period clause of your job offer.

When the employee is willing to serve the entire notice period as stipulated in the contract of employment, the employer cannot unilaterally decide to reduce the notice period or relieve him/her earlier and ask for any payout in this regard. Strictly speaking, the employer has to pay the salary for the remaining notice period to the employee concerned as the move of the employer is a counteroffer which requires the acceptance of the employee.

Anyway, it is better to check the notice clause of your appointment order and ensure whether any subsequent change applicable to all alike is made in this regard.

Regards