Can I Claim Compensation for Notice Period After Early Release?

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    • #72836 Reply
      User_bd554151
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        User_bd554151
        PARTICIPANT
        January 17, 2025 at 3:44 am
        I 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 Iโ€™d like to stay. I declined, as Iโ€™m 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!

      • #72839 Reply
        User_97667047
        Participant
          U
          User_97667047
          PARTICIPANT
          January 17, 2025 at 3:50 am
          Nope itโ€™s you who is resigning they are not terminating you and so if somebody breaking this clause itโ€™s you and you need to pay them actually, you canโ€™t expect anything from them but you can get buy out amount from the new company.

          • #72841 Reply
            User_bd554151
            Participant
              U
              User_bd554151
              OP
              January 17, 2025 at 3:57 am
              I am ready to serve my full notice period, now they are planning to give me early release since i am not a retainable case.

              • #72843 Reply
                User_97667047
                Participant
                  U
                  User_97667047
                  PARTICIPANT
                  January 17, 2025 at 3:59 am
                  Itโ€™s you who is giving notice to them and it is up to them to see if itโ€™s needed or not, thatโ€™s how it works, if they fire you immediately they will compensate you with the salary for notice period. They are completely right.

            • #72838 Reply
              Puneetknight613
              Participant
                P
                Puneetknight613
                PARTICIPANT
                January 17, 2025 at 4:02 am
                Technical 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

                • #72840 Reply
                  User_bd554151
                  Participant
                    U
                    User_bd554151
                    OP
                    January 17, 2025 at 4:12 am
                    I 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.

                    • #72842 Reply
                      Puneetknight613
                      Participant
                        P
                        Puneetknight613
                        PARTICIPANT
                        January 17, 2025 at 4:18 am
                        You 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

                        • #72845 Reply
                          User_bd554151
                          Participant
                            U
                            User_bd554151
                            OP
                            January 17, 2025 at 8:48 am
                            Yeah, true I’ll be careful with this, will see if things go smoothly.

                          • #72844 Reply
                            User_bd554151
                            Participant
                              U
                              User_bd554151
                              OP
                              January 31, 2025 at 8:09 am

                              I received compensation,due to the early release given by the company.

                      • #72837 Reply
                        User_9b230f5c
                        Participant
                          U
                          User_9b230f5c
                          PARTICIPANT
                          January 17, 2025 at 4:20 am
                          Even 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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