Legal Question in Employment Law in India

28.04.2015

Dear Sir / Madam,

Let's understand our employment fundamentals, although simple, very clearly. When you decide to quit a job, you resign by giving notice of your resignation to the Company and serving the agreed notice period; or if the terms and conditions of your Appointment permit, pay the basic salary in lieu of the notice period days not served by you in the Company. When the Company decides that it does not wish to employ you any longer, the Company has to terminate your service and either allow you to serve the agreed notice period, else pay you salary in lieu of the notice period waiver. Now we'll apply this logic to your query. Refer your Appointment letter which has the notice period clause. If it states one month's notice, you will have to give one month's notice period to the Company, requesting the Company to relieve you earlier on completion of 15 days notice period, and request waiver of the balance 15 days notice period, and if the Company should decide against the waiver, to recover and adjust 15 days notice period not served by you from your full and final settlement dues. So, if you have the confirmed Offer Letter from the new Company stating that you are required to join the new Company on say 15th May, 2015, you will submit your resignation letter dated 30th April, 2015 to your reporting Manager tomorrow evening - the day previous to the date of your resignation notice, stating that your last working date will be 15 days later i.e 14th May, 2015, with a waiver request for the remaining 15 days notice period, else adjustment and recovery of the 15 days notice pay (basic salary only) from your full and final settlement dues.

Regards,