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.
From India, Chandigarh
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4In 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.
From India, Chandigarh
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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.
From India, Kochi
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From India, Kochi
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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.
From India, Bangalore
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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.
From India, Bangalore
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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.
From India, Ahmadabad
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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.
From India, Ahmadabad
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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.
From India, Delhi
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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.
From India, Delhi
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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
From India, Noida
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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
From India, Noida
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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.
From India, Bangalore
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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.
From India, Bangalore
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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.
From India, Hyderabad
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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.
From India, Hyderabad
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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
From India, Mumbai
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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
From India, Mumbai
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