Hr & Administration
Recruitment/talent Acquisition, Career Counselling
V. Balaji
Ir & Hr
Finance, Hr, Sectarial Practices, Law And
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I have given resignation to my company. As per my appointment letter, either I have to serve one month notice or one month's basic salary in lieu of notice.
I am serving the notice of 8 days only and also ready to pay the amount also.
My HR is not accepting my resignation and asking me to serve one month notice without which they will not be giving me relieving letter.
Please advice...
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The intention behind this notice period is to replace the vacancy with the best resource , as they are asking you to serve for 1 month .
Try to serve the notice period as per their wise or try to convince your HR on this issue .
I hope you can solve the issue amicably .
All the best for your future .
Thanks & Regards,
It should be either way.
When any employer hire employee they don't bother to wait for one month for recruitment (if someone has been finally selected.) The basic question is what is the immediate date of joining?.
They should consider that if s/he has to leave his previous job s/he has to serve one month notice to the previous employer. In all the condition employer are in the win-win situation.
In your condition pay the rest of amount for 22 days or 30 days
Dear Mehtajatinder,

In my opinion it would be wise to follow the HR advise and serve the full notice period. You have to impress on your future employer and seek extension of time till the one month period is over.

In fact the prospective employer will appreciate your commitment to your current employer if you try and convince him that you indeed need an extension.

There is also one more dimension to it. If you tell your prospective employer that you have handled responsibilities that cannot be handed over in a jiffy and it will take time for the new person to understand and take over from you, your image with the prospective employer will go up.

Vani has indicated that Employers are in a win- win situation, they insist existing employees to leave after serving notice period and want new employees to join almost immediately. I fully agree with you. But look at the following paragraphs

If we look at it from the employees perspective also sometimes they are in a win - win situation. On some occasions you wil observe that the employer would have made an offer and accepted to wait for the new employee to serve the notice period with the previous employer. But closer to the date of joining the employer either gets an information from the new employee that he is unwilling to join for some strange reasons. (Implied meaning he has joined some other company). The scene here is, he submitted the resignation after receiving the offer letter from you, simultaneously with your offer letter he had pursued alternate jobs and was successful in locating one during the notice period he has promised you and joined the other company. The fact here is he has used the notice period he promised you and also your offer letter to get an enhancement in CTC by flashing the offer letter given by you. So eventually this is a win win situation for the employee as well. Honestly, this trend is on the rise now.

My suggestion to fellow HR professionals is type out the Offer of Appointment obtain the signature of the prospective candidate in both the employer and employee copy. Also type out an offer of appointment that does not contain any CTC figures (the offer letter will just say he has been selected for "X" position). Hand over this letter to the candidate. Tell him that he will receive the detailed letter of appointment that he signed before you on the date of his joining. (Do not even give photocopies). Tell him explicitly that you had experience in the past wherein employees had received the offer letters used it for seeking better offers.

By this way, in my opinion you will atleast deter him from flashing the CTC letter to yet another prospective employer.


I agree with Mr MV Kannan's view on resignation. it is now common that employers expect new entrants to join immediately and expect the one who resign to stay till notice period. This happens mainly where there is no detailed sucession planning is made ( or where there is large scale turnover).
There need to be judicious view in terms of holding people. HR should insist that high fliers are retained for full retention period
S venkataramanan
Dear Mehta Jitender
Candidate who has resigned either he/she has to serve for the notice period or to pay the salary in lieu of that as per terms mentioned in appointment letter. Or depend upon the relation the employee has with the HOD, the notice period can be waived off, all depend upon the relations the employee maintain with and the policies of the organisation.
Normally notice period is insisted to hand over the pending issues properly to the newly recruited. Such issues are arisen, where no proper succession planning is designed in the organisation.
With regards
Hello mehtajatinder1982,

Kannan is right.

First & foremost, I think you made quite a few untenable/unrealistic assumptions reg your getting relieved while promising the new Employer of joining immediately.

You should have thoughtout the ACTUAL work to be handed-over & the timeframe needed for it--from the professional attitude perspective--even before you submitted your resignation. That way, you could have had a chance to convince your HR during the discussion reg your Relieving date AND avoided this situation in-toto.

Going by what you mentioned, the reason why your HR wants you to serve for 1 month is for smooth change-over, which is very justified--NOT JUST FROM HR PERSPECTIVE, BUT ALSO FROM YOUR'S.

Coming to 'what to do now', suggest you to talk to the new Employer explaining the situation. If they value professional ethics, they will agree & also appreciate--like Kannan pointed out. But also remember that this could depend on your Interview performance--if you did very well [thereby enhancing your value], they will definitely wait for you to join. Had your performance been just average--and they are hiring you only due to urgent needs--the chances may be less that they will agree. In which case, you may need to forget about this opportunity & be more careful in your future job hunt.

All the Best.


An employee has many thing at the stake of the Employer at the time of resigning and reliving. So an Employer has always an upper hand in the event of parting with the services. An employee has to bow to the whims of the Employer. A petty employee cannot pitch against a mighty Employer. This situation is always known to the employee at the time of interview with the prospective employer. He should always seek that he need to serve a notice period with his existing employer, before he joins them. This way the prospective employer will understand the position and make an offer accordingly.
Hi, If you have to leave the job urgently then you may deposit one month’s salary to get immediate relieving. But if you have time then complete one month’s duration. Anees
Basically it is an ethical practice that to serve the notice period as per appointment letter. I also agree with most of them here.
Notice period is normally the breathing time both employer and employee needs to understand. How it would be if an employer asks someone to quit without giving notice. Will he not create havoc going to various machineries? So also, there is noting wrong in expecting some time to be served as notice period by the employee; so that the employer can find internal / external source to have suitable replacement;
There are certain companies when they need an employee urgently, they do not mind compensating the notice period that the prospective employee may have to pay his current employer.
It happens on both sides.
V. Balaji
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