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Can the employer reduce the notice period date?

Hi Hari,

Appreciate if you can help me on the below query.

I have recently resigned from my employer during the probation period. I submitted my resignation 12 days prior to my last working day and mentioned my last working day in my resignation.

However, as per the employment contract, I have to serve them a notice period of seven days during the probation.

My employer has now changed my last working day (for eg: If my last working date was 22nd of Oct they changed it to 17th of October) mentioning that you only have to serve a seven-day notice.

Could you please advise if they are allowed to change my last working date?

As per my understanding, it was a minimum of seven-day notice. However, I could have provided the resignation before that mentioning my last date.

If they want to change the last working they have to terminate me on a minimum notice of seven days.

Also, please let me know if during my probation I will be eligible for annual leave encashment and repatriation allowance.

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14 Oct 2019, 07:01

Dear Sir/ Madam,

Thank you for reaching out to me on this.

Please note that you have to serve the notice period as per your Labour Contract unless both parties mutually agree to extend or reduce it.

Here I notice that your notice period is of 7 days as per your contract. You submitted your resignation and stated you will give them 12 days notice. However, was the same accepted by the employer?

The employer has done the right thing by asking you to serve 7 days notice as per your contract. Considering you are terminating the agreement, you will not be entitled to repatriation cost.

Annual leave allowance is only applicable once you complete one year with the employer. It is safe to assume you have not completed a year, so you won't be entitled to this too.

Your only entitlement will be for salary for the days you work.

I trust you will find this helpful.

Regards,

Hari Wadhwana

14 Oct 2019, 07:21

Hi Hari,

Thanks a lot for your prompt reply on the above issue. Your answer cleared many of my doubts.

There is a little misunderstanding, so I will write my exact position so you can understand well and answer accordingly.

As per my labour contract, I had to serve seven days minimum notice. I planned for my last day to be on the 22nd of October.

But I submitted my formal resignation to the employer on the 9th of October, mentioning that my last date would be 22nd of October.

However, the employer replied on 13th of October mentioning that we accept your resignation and your last date is changed to 17th of October, considering seven days from the submission of resignation.

So, in this case, can I raise a complaint against my employer?

Appreciate your help.

Many thanks.

14 Oct 2019, 07:42

Dear Sir/ Madam,

Your notice period triggers from the date of resignation. If you intended to leave on 22nd, you should have submitted your resignation somewhere between 14-15th October.

14 Oct 2019, 08:08

Understood. Thanks a lot for your help.

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