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?
From United States, New York
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?
From United States, New York
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.
From United Kingdom
From United Kingdom
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
From India, Hyderabad
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
From India, Hyderabad
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.
From United States, Ogden
From United States, Ogden
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
From India, Hyderabad
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
From India, Hyderabad
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
From India, Madras
Think and act.
A. Kathar Basha
Bismi Manpower Consultant
Coimbatore
From India, Madras
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
From India, Madras
Balaji
From India, Madras
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...
From India, Delhi
Best of luck...
From India, Delhi
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.
From India, Delhi
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.
From India, Delhi
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