Dear mr. Mahesh,
Once an employee has submitted resignation his relieving date can not be ADVANCED because it is opened to him to take back the resignation before the effective date of his relieving(as per the verdict by honourable supreme court of India). As such, if an employer wants to relieve him at an earlier date then he should be given notice pay treating it as termination of employment by the employer.
The point here to be noted is that, i have neither asked for early relieving nor my offer letter contains clause that upon serving such notice period, Co. can relieve me at an earlier date without any compensation.
There are once again two points which i consider as point of argument and to put forth my contention.
1. The clause of notice period cannot be one sided that if the employee wants to leave the services, he has to serve three months notice and the employer may relieve him at any time without compensation. It is Oppressive in nature.
2. The employee is also loosing monetarily as he is deprived of his earning for such period as he would be unemployed and cannot join his prospective employer if there is no mutual agreement. it is rightly pointed out that after resignation if employer relieved very next day then in that case the employee will lose his 3/2/1 months salary and became unemployed between the period of joining new prospective employer and date of relieving. and end of employee employer relationship with immediate effect.
I have given only the notice of termination of agreement of services not actually terminated the agreement. but by relieving earlier by employer before the expiry of notice period, it operate as a termination of agreement . in that case employer should pay the amount of short of completing notice period and compensation from
their side.
