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My current organization has 3 months notice period and I have resigned from here on 1st week of June. So, according to that my last day will be 2nd of Sept (Auto generated on company portal).

I do not have any project on my hand from last month so I was on pool. Today I got a call from HR that they are changing my last day to coming Monday since I am on pool and will give my basic salary till 2nd of Sept.

Currently I have an offer where my Start date is 5th Sept, so I will have a 2 months break if I have to join there. The thing is that I was also looking for other better opportunities in the time period, but now I have to join the company whichever I have on my hand right now.

Can I ask HR to change my last day to at least end of July? How will I justify the break to my next company?

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    Just to understand this: what would be the difference between your current salary and “base salary”?
    – gnasher729
    Jun 18 at 0:17
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    Your notice period still is the 2nd of september. Your company will pay you until that date. Your company just very generously offered that you don't have to show up in the office for the last two months.
    – quarague
    Jun 18 at 11:40
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    You will take a while to accrue leave in your next gig so use & enjoy the paid time off. Take a break, do some household projects, look for a better job or whatever. This is a nice place to be. Regarding your next employer, you can truthfully put September 2nd as your finish date. A reference from HR will almost certainly reflect that in any case. If your manager gives your reference they will either do the same or be happy to explain there was no useful work to be done in only 2 months (as can you). Either way, you are not being dishonest in claiming a September finish. Jun 20 at 5:18

3 Answers 3

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now I have to join the company whichever I have on my hand right now.

Why? Is something forcing you?

If you are relieved on monday and have two month on salary in advance why don't you take this time to look for other opportunities ?

If nothing is forcing you (and I doubt it) just keep it as it is.

I doubt someone will ask for a two month break, you may as well gave yourself some time to rest between the two employment or spend some time on a holyday.

If someone asks just answer trustfully: "My previous employer didn't have any short term plan to keep me busy and we agreed to cut the notice period short".

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Just explaining how this works: In order to quit a job, you give notice. There will be some minimum notice period due to your contract and your country’s laws. If you have at least the required notice, the company has to accept that notice.

What can the company do? If you gave notice more than the legally required, they could give you a shorter notice. So if you gave three months notice, and only one month is required, they could give you one month notice. That would be nasty, but possible. Fortunately that didn’t happen.

The normal thing is that you work and get paid to the end of the notice period. But sometimes companies don’t want you in their office anymore, often if you are in a position where you could cause damage. The company can do one of two thing:

First, they can send you on gardening leave. Which means you stay at home, you don’t work, you still get paid, you are still employed. You have time to renovate your home, look after your garden, meet the kids. You can NOT start another job, because you are still employed.

Second, they can give you “payment in lieu of notice”. That means, instead of having to employ you, they can lay you off, but they need to pay your salary for the notice period. That's what happened to you if your description is correct. This may have tax advantages for the company, but for you it’s mostly the same. Important is that although you are technically unemployed, no sane employer would treat you as unemployed. (That doesn’t mean your new employer might not be one of the insane ones).

What I would tell you is to go to the new employer and tell them “my old employer is giving me payment in lieu of notice, so i can start two months earlier”. You can do them a favour if they want it.

And what do you mean “How do I justify this to my next employer?” There is nothing to justify. You are getting paid all the time. Even better, if they let you start earlier, you get paid twice for a month or two! If you say “I gave three months notice, but I got paid in lieu of notice”, that is a complete and totally acceptable statement of what happened.

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Theoretically, you are entitled to the contractually/legally guaranteed notice period. So you could demand to remain officially employed with the company and be sent on "gardening leave".

But why would you? The next company doesn't need to know that they let you go before the notice period. Also, depending on where you live, you might be entitled to unemployment benefits for those two month. You would miss out on those if you officially remain employed.

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  • No, it is not gardening leave, they will give me experience letter till Monday. I will be unemployed for next 2 months.
    – earthmover
    Jun 17 at 15:13
  • @earthmover As I wrote: When you have a 3 month notice period, you could demand it. But I don't see a reason why you would.
    – Philipp
    Jun 17 at 15:26
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    @earthmover - If you are being paid through September then you are not technically unemployed. What you describe absolutely is indeed gardening leave. Verify you will still have health care, if you do, then enjoy the time to rest. Keep in mind, that you wanted a change for a reason, so take what is being offered as a positive event. At the end of the day, just like your company can not force your o work for them, you cannot force them to give you projects or employ you. If they want you to do nothing until Sept 2nd that is their prerogative.
    – Donald
    Jun 17 at 15:40
  • I don't think the company is obligated to provide gardening leave if the employee resigns; rather, if the decision to terminate the employment is made by the employer, then they provide gardening leave in lieu of severance. Jun 18 at 0:25
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    @Donald, the way this was described it doesn't sound like "gardening leave" at all, but OP will be unemployed from next week. The company pays him money so they don't have to employ him until the end of the notice period. "Payment in lieu of notice". Not gardening leave.
    – gnasher729
    Jun 21 at 13:49

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