Legal Question in Employment Law in India

I work with a private company and have decided to resign my job and submitted my resignation on the 11 of January, 2013. As per HR terms, I have to serve 2 months notice. I kept that in mind before accepting to join my new company. Now all of a sudden, My present employer said that I will be relieved in another week which means I would have served less than 1 month of notice period. Is there any law on this parameter that I can take up with my employer? I cannot afford loss of 1 month salary.


Asked on 1/31/13, 4:26 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.01.2013

Dear Sir / Madam,

Keeping in mind the principle of natural justice, the parameter of serving 2 month's notice or salary in lieu thereof for a confirmed employee, equally applies to the employer and the employee. When you are willing to serve the full notice period, and if the employer takes a stance to relieve you earlier, the employer has to actually compensate you with the salary for the remaining notice period that they of their own volition choose to waive of. You should also insist that the last date in your employment certificate reads as 10th March, 2013 taking into consideration that you are to join your new Company on 11th March, 2013.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/31/13, 5:19 am


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