Title: Can my company refuse to pay for the full notice period if they release me early? (India)

Community Forums Legal Advice India Title: Can my company refuse to pay for the full notice period if they release me early? (India)

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    • #41044 Reply
      User_3d63524e
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        User_3d63524e
        PARTICIPANT
        March 6, 2025 at 6:28 am
        Post: I was put on a PIP, so I resigned instead of continuing with it. My official notice period is 2 months, but my company is releasing me early in just 2 weeks. Now, they are refusing to pay me for the full notice period, even though I want to serve the entire duration.

        Is this legal in India? Can I insist that they either let me serve the full notice or compensate me for the remaining period? What are my options?

        Would appreciate any advice. Thanks!

      • #41048 Reply
        Dhruvibear738
        Participant
          D
          Dhruvibear738
          PARTICIPANT
          March 6, 2025 at 6:42 am
          Yeah, you resigned.

          The company has the cards now. They can reduce your notice period to 1 day, too.

          Legally, you can not do anything, start looking for jobs.

          • #41049 Reply
            User_73ad2610
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              User_73ad2610
              PARTICIPANT
              March 6, 2025 at 8:00 am
              Yes, the notice period and the pay for the period, is only available to you if you are fired, not when you resign.

          • #41047 Reply
            User_8e27f945
            Participant
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              User_8e27f945
              PARTICIPANT
              March 6, 2025 at 7:28 am
              NAL, read through the employment contract. Check separation clause. Also start looking for a job.

            • #41046 Reply
              User_601a219b
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                U
                User_601a219b
                PARTICIPANT
                March 6, 2025 at 8:04 am
                NAL: A similar situation happened to me. From a contractual perspective, it appears that you have officially resigned, and the company has made an exception by reducing the separation period from two months to two weeks.

                If you believe that you have been unfairly placed on a PIP and are confident in securing a new job quickly through your networks and contacts, opting for termination MAY be a better choice. This would ensure you receive the two months’ salary and would also require the company to invest more time in processing the necessary paperwork which is a headache. However, the company may attempt to withhold your experience letter or salary slips or can defame you indirectly incase someone calls to check your employment proof. That said, this is not necessarily a major concern, as future employers can verify your employment through PF records and bank statements and usually if you have some rapport with the interviewing person/new Companies HR this can be easily navigated.

                Ultimately, the decision depends on whether you prioritize financial compensation or securing the so called “official experience” certificate (imho another shitty red tape gatekeeping that these HR folks have always done, almost makes it seem like any company is above all unethical practices and shitty people and if there is a bad certificate its always on the employee and not the employer XD ). I would always recommend that before making any moves, you first ensure that you have collected all relevant documents, past pay slips, and any testimonials from your manager, colleagues, or clients via email, and have them printed them for your records (if possible on official stationery).

                Hope this helps, and best of luck with your decision!

              • #41045 Reply
                Epicninja9327
                Participant
                  E
                  Epicninja9327
                  PARTICIPANT
                  March 6, 2025 at 8:30 am
                  NAL.Once you resign,company has no obligation to keep you working.

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