is it compulsory to serve for the 90 days notice period?

Hi,
I'm working for an IT company which has 3 months notice period on resigning. I have put my resignation on 21st Jan'08 I will be serving for 1&1/2 months, have 25 previliged leaves and ready to pay for the remining days out of my 3 months notice period. But still my boss refuses to release me since my team lead has left just 2 weeks back and another person(x) in the project has also put his resignation letter. For some reasons this other person(x) has agreed to stay till june inspite of the complition of the notice period in april, and so my boss wants me also to continue my service till june.
I need to get released by feb end since the new company i have to join wants me to be there by Feb end. i am continuously behind by boss to give me the release in feb end. Can the company stop me from going within 1&1/2 months if i am fulfilling all the official requirements? is it compulsory to serve for the 90 days notice period?

Sruthi, Notice period is something to do in giving a prior Notice such that the company tries maximum that your tasks are properly delegated & Trained to your Successor.

Since you have agreed to the terms that you would give 3 months Notice period, they would drag you till that period incase you are working on any important project.

But I have seen many cases in my company people would give less than the required Notice period, they clear all the dues & are relieved with in the specified time.

I don't think you need to worry since you are ready to pay you Notice period, & clear your dues you can go ask your Boss on what is stoping him in relieving you.

REgards

Srilatha

Hi, thanx for that response. Well the reason my boss has for not releaving me is, my project team lead has just left on 11th Jan 08 and another person in my project has put his resignation 10 days before me. But for some reasons the other guy is ready to wait back till June'08 and continue his services. Till june means, even more than the notice period. And now my moss expects me also to do the same and says that he can release me only after him. does this point have any base? is this right ?

Hi,

Just let me know are u assigned any individual project which u have to complete??? This also takes a major role If so Complete that project and Approach ur HR if not ur boss doesnt relieve u even u have fullfilled all the requirements then just contact ur HR people and have a clear discussion with them, and he doesnt want to relieve u because it shows a bad mark on him as more than two to three employees have resigned in the same month. This might be the main reason just upload ur resignation with the HR and go for a Face to face interview with the HR people i think they would be help to u!!!!!!!!!!!!!

1. Yes, it is compulsory to serve the 90 days notice period, if it is in the employment terms
2. Management has the discretion to waive the notice period service or salary recovery in lieu
3. There is no automatic right for an employee to trade salary payment in lieu of notice period service

The above is the legal position. IT companies are "tightening" their dealings with employees these days; IT is no more a "seller's market".

Finally, if you desire a long career, be an ethical professional; you will earn respect and this will more than repay short term gains.

Best of luck in career.