AWS and Resignation

[ANW]

Hi all,

I got a new job offer .my date of joining in that company is 17 Jan .

As per my present company contract,Employee who resign from the company before  31 dec will not be entitled to the AWS.

Usually my present company will deposit December salary+AWS on 20th dec.

Shall i resign 21st of dec??.

willl my present company take back AWS in final settlement??.

If anybody has experience about this sittuation ,Please advice.

Regards

ANW

[HR Guy]

If you resign before 31st Dec, you aren't entitled to AWS as you state so the company is well within their right to recoup the money paid out on the 20th Dec. You should have negotiated with your new company to either (a) allow you to resign on Jan 1st and start at a date agreed by your current employer but no later than 4 weeks after the resignation or (b) have the future employer factor in the AWS to your deal.
You could resign 21st Dec and hope the company does not claw back the money but its a high risk.