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My daughter has submitted the resignation with 2 months notice period


06-Mar-2025 (In Labour & Service Law)
My daughter has submitted the resignation with 2 months notice period. Currently she is on the Bench. Can she leave after one and half month
Answers (1)

Answer #1
549 votes
Under Indian law, if your daughter has submitted her resignation with a 2-month notice period and is currently on the bench (not actively working), she is generally required to serve the full notice period unless her employer agrees to an earlier release. However, if she wants to leave after 1.5 months instead of the full 2-month notice period, it would depend on the terms of her employment contract and the employer's policies. Typically, an employer may agree to waive the remaining period or allow an early exit, but they are not legally obligated to do so unless there's a mutual agreement. If the employer does not consent, they may enforce the full notice period or deduct salary for the unserved notice period as per the contract's terms. To avoid complications, it’s best for your daughter to formally request an early release from the employer and seek their approval in writing. If she cannot reach an agreement, she could potentially face penalties or loss of salary for the remaining period as specified in her employment contract.
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