Dear Members,
I have resigned from my company and have conveyed to the employer that I\'m ready to serve 3months notice period. The manager and HR accepted the resignation and provided releasing date as well. After serving for two months I received an update saying that I\'ll be relived immediately. I have been planning to join in the new company based on the three months notice. Is there any way to get my remaining notice period from the employer? Can I approach court for the same. Please advice me.
Thanks & Regards,
Siva
From United States, Chicago
I have resigned from my company and have conveyed to the employer that I\'m ready to serve 3months notice period. The manager and HR accepted the resignation and provided releasing date as well. After serving for two months I received an update saying that I\'ll be relived immediately. I have been planning to join in the new company based on the three months notice. Is there any way to get my remaining notice period from the employer? Can I approach court for the same. Please advice me.
Thanks & Regards,
Siva
From United States, Chicago
Hi Siva,
i dont think so, it is big issue.
approach new company and tell them about your getting relived early.
i feel most of the companies will welcome early joining.
you can give reason like, its management decision and as well as your wish to.
All the best.
Regards,
Rajeshwari
From India, Bangalore
1i dont think so, it is big issue.
approach new company and tell them about your getting relived early.
i feel most of the companies will welcome early joining.
you can give reason like, its management decision and as well as your wish to.
All the best.
Regards,
Rajeshwari
From India, Bangalore
Yes and shiva just make sure that they clear all your dues since they are relieving u early they might not clear everything... Just keep a check on it.
From India, Delhi
From India, Delhi
Hi Siva,
In such cases where the employer relieves you earlier than the complete notice period time, they are liable to pay for the balance of the notice period. It is said to be a case of waiving off the balance notice period. Most of the times such a clause is mentioned in your appointment letter also. Look for it there, and if you find it, this is a more profitable situation for you. However, if such a clause is not there, ask for the equivalent salary for the balance notice period since you are being relieved early.
Case 1: They pay you for the balance notice period + new employer welcomes you early = Most profitable situation
Case 2: They pay you for the balance notice period + new employer does not welcome you early and you are required to sit home for one month = Not too bad, utilize the time to upgrade yourself in the field of work. Break in service, but at least you have money in hand.
Case 3: They do not pay you for the balance notice period + new employer welcomes you early = Good bargain - grab the oppurtunity
Case 4: They do not pay you for the balance notice period + new employer does not welcome you early = bad situation, but again please make use of the time constructively by upgrading yourself.
Regarding your wish to approach the court, I dont think it will be worth the time and investment, unless you have huge salary amount at stake for one month and court proceedings are worth the pain.
One final caution: do ensure to have every and any such development in writing from the employer!
All the best!
Raj
From India, Delhi
In such cases where the employer relieves you earlier than the complete notice period time, they are liable to pay for the balance of the notice period. It is said to be a case of waiving off the balance notice period. Most of the times such a clause is mentioned in your appointment letter also. Look for it there, and if you find it, this is a more profitable situation for you. However, if such a clause is not there, ask for the equivalent salary for the balance notice period since you are being relieved early.
Case 1: They pay you for the balance notice period + new employer welcomes you early = Most profitable situation
Case 2: They pay you for the balance notice period + new employer does not welcome you early and you are required to sit home for one month = Not too bad, utilize the time to upgrade yourself in the field of work. Break in service, but at least you have money in hand.
Case 3: They do not pay you for the balance notice period + new employer welcomes you early = Good bargain - grab the oppurtunity
Case 4: They do not pay you for the balance notice period + new employer does not welcome you early = bad situation, but again please make use of the time constructively by upgrading yourself.
Regarding your wish to approach the court, I dont think it will be worth the time and investment, unless you have huge salary amount at stake for one month and court proceedings are worth the pain.
One final caution: do ensure to have every and any such development in writing from the employer!
All the best!
Raj
From India, Delhi
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