I have resigned my IT company where I am unable to serve the company 90days and can serve only 30days. I have submitted doctor certificate of my mother leg surgery and mentioned about father Ill as well. I am in bench now and manager have no issue with my resignation. But the hr is not giving me early release and not even agreeing if I am saying I will pay the notice period or bond amt. But in my joining time the document which I signed says after probation I need to serve 3 months of notice if I resign. It has not mentioned about paying if I can't serve. As I realised that it's only one side that is employer side. The hr is telling me to go on lop. Which I don't want to take as I have my own reason. I am not ready to work in that company as I am feeling stressed and forced for no work /dependency. Please someone suggest me is the document that I signed at time of joining which oly says about serving notice but not about paying is it valid.
From India, Bengaluru
Hi Partner,
The document here seems valid and the HR also seems to be correct when she/he offers you to proceed on LOP in order to take care of your parents and then to return.
It is true that if payment in lieu of notice period is not mentioned in the appointment/offer letter, then it need not be a mandatory arrangement between the employer and the employee. This is because notice period service need not be only about money. Though you are on bench, there is the possibility that the company may need you for training other resources in certain project skill sets or for serving as on non-billable support for any other project till your last working date. The reasons can be numerous.
The central point here is that you would not be able to quote your parents' ill health as a reason for resignation and to waive off your notice period, because the company has already provided support by offering alternative arrangements such as an LOP. You would need a strong reason as to why such an LOP would not help you, like for example a case where you may need to constantly travel abroad or anywhere far off location for specialised treatment on a frequent basis.
So, serving the entire notice period may be the only option under the circumstances here.

From India, Bengaluru
Thanks for ur reply Nelsonthomas9102.
As I already said my father is also ill who is bed ridden. And my mother is one who takes care of him. As of my mother surgery it vl take 3-4months for her to recovery. Also I don't want to take lop bcoz I am thinking to take up a job in coaching centre near to my home which is 5mins away. Right now I am working 30kms away and it takes around 3hrs for me to travel each side. In case of any need to my parents I can't reach immediately.
Coming to a point of company may need me to work on other I just need to specify that there is no requirement like that as there are many seniors are on bench from long term.
Please also suggest me on this
As company got a sign on training agreement where a copy of it is not shared to us just the joining letter is shared.
Is it not forcing an employee to serve the notice period where there is no dependency in future as well. My last working day is dec 30 but my training agreement ends on Dec 29.
As per employment law the employee should not be enforced. Also if they are ready to pay notice period amount they should be released.
Suggest if am wrong.
If the situation was okay I wasn't having issue to serve their complete notice period. As I am need of it I am looking for suggestions.

From India, Bengaluru
Hi Partner,
Unfortunately, your views would not have enough standing on a legal note, because the signed document between the employer and the employee seems to state the service of a notice period as an employee irrespective of whether you are on bench or not.
The only way the company could proceed on a waive off would be on the grounds of compassion, where you can request that you need to tend to your parents in the event of an emergency, but at the same time cannot afford to be on an LOP because you need an income as well. One can't be sure how the company would perceive the situation.
If one is to proceed on a legal note, it would have to be a long tedious process of proving that other than you, there is no one else to care for your parents and that the current arrangement you have proposed is the only the way to resolve the situation and is better that any of the options that the company can offer. This can take ages and lots of time and money from what I see.
Well, it's up to you at the end of the day. So I'll leave the choice to you.

From India, Bengaluru

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