Saswatabanerjee
Partner - Risk Management
B K BHATIA
Director Of Company
Consultme
Entrepreneur
+1 Other

Hi all,
I have put my resignation on 26-Apr-201. my company notice period is two months but I wanted an early release, I tried to talk to my manager but she is refusing. Even though I have agreed to pay my two months notice in lieu of early release but she is not accepting it and is adamant on service 2 months notice. She has give me release date as 28-Jun- 2013 which is two months plus 2 days extra. Please suggest me whether I have right to pay my notice amount and force them for release. I am already serving notice period and still willing to pay 2 months notice amount.
20th May 2013 From India, Hyderabad
Please state the termination clause of your appointment letter to give suggestions accordingly. Normally the clause is 1 month notice service or equivalent salary in lieu of notice. If in your termination clause the buyback of notice period is mentioned then they cannot force you to serve the notice period.
20th May 2013 From India, Ahmadabad
Depositing salary in lieu of the Notice period is a practice which ought to be defined in your appointment letter or in the HR Policies of the company. Your offer to deposit money in lieu of the Notice period shall not be valid if the company does not permit such an option.
Please try to understand the purpose of Notice period. It is the time needed to hire a suitable replacement so that the job responsibilities can be transferred to that person. No company shall become richer by getting two months salary from an employee keen to exit without notice. But job positions lying vacant do have an adverse impact on the company's business.
So, if two months notice is mandatory for seeking separation from the company, the terms of employment contract must be respected so that separation is not painful to either side.
20th May 2013 From India, Delhi
Irrespective of whether you offer to pay, and even if it is provided for in your appointment letter, it is the option of the company whether or not to allow short notice. You can not force the company to accept it.
21st May 2013 From India, Mumbai
Thanks all for the advice. I just have one more doubt that i have submitted my resignation on 26-apr-2013 by mail and also on an automated portal for resignation. As per that portal my last working day is 26 June 2013 but my manager is telling me to work till 28- june-2013. Whether she can force me to work for two extra days. Also my resignation status on portal is still showing as pending but i got an automatic generated mail that i have resigned on 26-apr-2013. I just want to ask whether the manager can force employee to work even after completion of notice period.
21st May 2013 From India, Hyderabad
Now a days, employers are almost stopping accepting system generated 'Resignation Acceptance" letters, as they can not ensure whether the employee has been relieved or not. So better wait for proper relieving letter and leave
What is the policy for notice period - 2 months or 60 working days? Check it out, may be by considering this only you got 28 June as the relieving date. If not, employer is supposed to pay for extra days.
My suggestion is settle amicably and try to maintain good relationship while you leave.
21st May 2013 From India, Bangalore
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