Prior Notice Of Resigination - CiteHR
Ravi5554
Asst.manager -hr
Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
Atul.mystery
Sr. Executive Hr
Cameo
Manager
+2 Others

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Hi Team,
I have a 24 months of agreement with the company but i have completed 22 months and i am giving them a prior notice that i will be leaving this place after 2 months, but they are not accepting as i have not completed the 24 months and they are saying that i should complete 24 months and den give a prior notice of 2 months is this fine. please help me out on this.
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Hi,
As you mentioned you have signed the 24 month Employment Agreement with that company -
- Under normal circumstances it is wrong both ethically & professionally to put up the resignation & also expect the relieving before the completion of the period.You need to abide by the terms & condition of the agreements
- But in case of some genuine emergency/unavoidable circumstance at your end where you need to quit early, discuss it with them & try to convince them that you will do your best to complete & hand over all the responsibilities assigned to you prior to your relieving.
]Hi Team,
I have a 24 months of agreement with the company but i have completed 22 months and i am giving them a prior notice that i will be leaving this place after 2 months, but they are not accepting as i have not completed the 24 months and they are saying that i should complete 24 months and den give a prior notice of 2 months is this fine, but i will be completing the agreement of 24 months before the last working day. please help me out on this.
Hi, As you told that, u made 24 months agreement with them, i would like to know in that agreement what they mentioned about notice period. How many months notice period you want to be serve?
its 2 months of notice period which we should serve and i will definitely serve but they say it should be served after the agreement period not before that is it accepatable
As pointed out by Mrugen Vyas, please refer the termination clause of the agreement, state the exact wordings of the clause so as to give you appropriate view.
If the clause states that the agreement is renewed for further period with mutual consent, then you can simply send a letter stating your inconvenience for such renewal. If the clause states that the agreement can be terminated anytime giving 2 months notice, then accordingly you can give notice of two months.
An agreement is a document executed by two or more parties, consenting to abide by certain terms and conditions. In the case of an employment agreement, it can heavily be loaded in favour of the employer. Therefore, most employment agreements do not stand the scrutiny of labour laws of the country and very often, courts of law do not accept such agreements.
Coming to your agreement, you say that you have completed 22 of your 24 months in the company. At the end of 24 months, the agreement should come to a natural end unless renewed by mutual consent. Does your agreement stipulate a notice period even AFTER completion of the 24 months? You have not mentioned anything about the terms in the agreement to enable us to give you proper and correct advice.
To me, it appears that, unless stipulated in the agreement, at the end of the 24 months, you can simply pack your bags and bid good-bye to the company. Don't forget to settle all the dues, and take a relieving letter. Best of Luck!
well it is clear in a point you have to complete complete 24 months of your agreement. now point is you can give two months notice period including your agreement period or after that you can only give notice period if you want to leave. so its very simple you just check out the terms and conditions of your agreement that what they had mentioned about renewable or notice period. You'll get a clear picture of this issue.

But in my point of view if notice period is mention then you have to first complete your 24 months and then you can put your notice period for next two months. because 24 months is your agreement period so your notice will not work in that time period. Now rest is relationship b/w you and your employer. if it is good and your reason to quit is unavoidable then you can sit with related authority and can take a chance to convince them. try to settle down according to your term. If not then with mutual settlement try to minimize the notice period and be careful about the discussion session. whatever discussed just mail to them and take approval on that. or better is if you get hard copy of that mutual settlement.

so that at the end you would not get any difficulty in relieving or experienced letter.
If the agreement is for specific period i.e. 24 months then giving notice after 24 months is not relevant, because the agreement becomes null and void after the completion of the term. The termination clause is given and is applicable only if either party want to terminate the agreement in between the term, in nutshell the Notice Period is required if any of the party does not want to continue/go forward with the agreement.
Thanks for the knowledge but what if its already mention in the agreement about the notice period of 2 months and agreement is 24 months. then in this situation it'll be including notice time period or not?? I just simply shared my point of view that if it is mentioned in your agreement terms that notice period is excluding or including. Agreement will be null after completion that we all know.

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