I have resigned from the company and as per the agreed terms I will have to serve 90 days notice. For last 3 months before resigning I was on Leave of Absence and was not assigned on any project. I did not have any responsibilities, transition or knowledge transfer to provide during my notice period. I do not have any company assets to submit. In short I was on bench.

Due to personal reasons I have requested my company to waive the notice period. I am also ready to buy the notice period of 90 days. But the company is adamant that I serve the 90 days notice period. I do not understand what good the company will get by me serving the 90 day notice. I will just be swiping in and out of my office daily without any productive output to the organization, why the company is willing to give me 90 days salary but not relieve me early in-lieu of pay-out?

As per the exit request guidelines in the company policy, either party has to give 90 days notice or pay-out in-lieu for notice period waiver requested by the employee but the final decision resides with the company. For all exceptions higher management will need to provide the approvals.

Due to personal reasons I am not in a position to serve the notice period. What are my best options to negotiate with my company? If the company stays firm on its decision what are my legal options? And is it wise to opt for legal options? What actions the company can take if I do not serve the notice period?

P.S. - I have been with this company since 2005.

Thank you.

Abhi
23rd May 2017 From India, Mumbai

Dear Abhi,

If common person reads between the lines of your post, that person will be able to read something different..

You were on the bench therefore, company was not able to bill your salary to the client. In other words in terms of human accounting, you were liability and not asset to the company. Against this backdrop some employee submit resignation, company should have been more than happy. Rather than that company is forcing you to complete the notice period even at the cost of payment of salary to you. Why loss of revenue is acceptable to the company? This is where lies a catch. Somebody was nursing grudge against you and trying to spike your gun.

It appears that you had strained relations with some senior or top management professional in your company. He/she wants to teach a lesson. Therefore, at this stage, you need to make sure that your exit is amicable, honourable and that too without losing opportunity at hand. To do this, you may ask some senior person or MD himself for the personal interview. Explain to him how beneficial for them your exit it. This is going to be test of your negotiations skills.

The Best Alternative To a Negotiated Agreement (BATNA) would be to have an exit exactly before the joining date and that too without payment of any kind to your employers.

The Worst Alternative To a Negotiated Agreement (WATNA) would be to have an exit by making payment in lieu of notice period.

The middle approach would be to make partial payment.

For achieving BATNA, you may go through books on negotiations skills and prepare narrative. This narrative will have the sequence of the points of negotiation, the choice of the words, the phrases that you will use, mental prepared for the concession that you will give etc. is also important.

All the best!

Dinesh Divekar
23rd May 2017 From India, Bangalore
Dear Abhi,
I agree with Mr. Dinesh Divekar point. I don't really understand why the Company wants you to serve 90 days notice period.
You should find out the answer for the same. Then it will be easily for you to negotiate with the Company.
Regards
Sonia Thomas
23rd May 2017 From India, Chennai
 

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