Community › Forums › Legal Advice India › Can I Claim Compensation for Notice Period After Early Release?
- This topic has 9 replies, 4 voices, and was last updated 1 year, 5 months ago by
User_bd554151.
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UUser_bd554151
PARTICIPANT
January 17, 2025 at 3:44 amI have received an offer from XYZ Company with a joining date of 20th March 2025, as my last working day in my current company (ABC) is 19th March 2025, based on my notice period.Recently, my current employer assigned me to a new project but also asked if Iโd like to stay. I declined, as Iโm committed to joining XYZ. Now, my current employer is planning to give me an early release on 5th February 2025, even though my notice period ends on 19th March 2025.
The situation is as follows:
1. Notice Period Bond: My understanding is that during the notice period, both employer and employee are obligated to fulfill the agreed duration unless otherwise mutually decided.
2. Compensation Inquiry: Since my employer is offering an early release, can I ask for compensation for the remaining notice period (6th February to 19th March) as per Indian corporate laws?
3. Buyout Consideration: My next employer (XYZ) is willing to offer a notice period buyout, but my current employer is releasing me early even before the buyout process is executed.
Am I legally eligible to claim compensation for the period between 6th February and 19th March from my current employer? I would appreciate any insights or suggestions on how to handle this situation with HR.
Thank you!
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UUser_97667047
PARTICIPANT
January 17, 2025 at 3:50 amNope itโs you who is resigning they are not terminating you and so if somebody breaking this clause itโs you and you need to pay them actually, you canโt expect anything from them but you can get buy out amount from the new company.-
UUser_bd554151
OP
January 17, 2025 at 3:57 amI am ready to serve my full notice period, now they are planning to give me early release since i am not a retainable case.-
UUser_97667047
PARTICIPANT
January 17, 2025 at 3:59 amItโs you who is giving notice to them and it is up to them to see if itโs needed or not, thatโs how it works, if they fire you immediately they will compensate you with the salary for notice period. They are completely right.
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PPuneetknight613
PARTICIPANT
January 17, 2025 at 4:02 amTechnical you can. But companies sometimes will try to force you out.. Take the early release and join the new company early. Don’t try to get compensation from both sides. This will mostly end badly for you. If you want, try to get compensation from one side preferably from your old company-
UUser_bd554151
OP
January 17, 2025 at 4:12 amI am only seeking compensation from my current employer for the remaining notice period, as they are releasing me early during the bond period. I am not pursuing compensation from both sides, nor am I informing my new employer about a buyout. My focus is solely on whether I am eligible to claim compensation from my current company due to their decision to release me before the agreed notice period ends.-
PPuneetknight613
PARTICIPANT
January 17, 2025 at 4:18 amYou are eligible, but beware they might try to force you out citing low performance or other reasons, if you think it’s worth the risk go aheax-
UUser_bd554151
OP
January 17, 2025 at 8:48 amYeah, true I’ll be careful with this, will see if things go smoothly. -
UUser_bd554151
OP
January 31, 2025 at 8:09 amI received compensation,due to the early release given by the company.
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UUser_9b230f5c
PARTICIPANT
January 17, 2025 at 4:20 amEven I want to know this but based on common sense I think that during notice period you don’t get compensated unless it is in writing in the contract if there is a regarding it I don’t know please let me know where it states that during notice period you will get compensated like for the entire period obviously you will get compensated for the period you serve but they usually relieve you early on only what you can do is do your task very slowly
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