Hi Sir,
I have dropped my paper on 20th July, due to medical issues and my wedding I have requested them that I can serve 15days of the notice period and asked my relieving on 5th of august. As my company is not accepting my resignation and forcing me to serve notice period and I even informed about that i am ready to buy out also. My HR is telling me they need one replacement resource so they need 60days and if we relieve you tomorrow a few more employees will ask for early relieving. They are not responding to any of my mail and calls. They are threatening me on call, if you don't serve notice period they will list me as abscond and they will not issue a relieving letter. I am worried that all these will affect my future career if I go legally.

From India, Bengaluru
Hello Divyashree,

[quote]My HR is telling me they need one replacement resource so they need 60days and if we relieve you tomorrow a few more employees will ask for early relieving.[quote]

It is not that you do not know what is the notice period in your company and what you have agreed in your employment agreement at the time of joining?

I believe you also need to understand the situation of your company and what HR is saying is right too. But in view of your current situation you can still take leave if it is about for few days, and your HR can also permit you with an application. but if the reason is not genuine you wont be allowed.

Lastly, if your company has a two-month notice period, you cannot say that they are forcing you to serve the full notice period or "threatning you", but rather reminding you and asking to follow those terms what you have agreed to in your employment agreement.

Request your HR for leave with your medical reports and advice, nothing will happen to your career if you are not doing anything wrong.

Make all your actions and decisions wisely!

From India, Gurgaon

The waival of notice period is a prerogative of the management. The notice period is provided in service contract to make alternate arrangements and to ensure continuity of operations. The organisation has the option to insist on serving the full notice period or agree to the buy out . Here the organisational interests take precedents over individual conveniences.
Having said that, you need to explain your compulsions in being unable to serve the full notice period and renew the offer to buy out the remaining period of notice.

From India, Mumbai

You can serve notice period, according to the 'clause of separation' mentioned
in the Offer of Appointment issued by your company to you. Please peruse this clause.
As per your Offer, if the notice of separation is 2 months, you have to serve 2 months
notice or deposit 2 months salary in lieu of notice. Similarly if your notice period is 15 days
you have to follow the same only. Nobody can threaten you to serve notice period, according
to their whims and fancies.
You follow as per the HR policies of your company and get relieved from your company
very smoothly.

From India, Aizawl

Please check your employment letter and see if there is any alternative to serving of notice period like payment in lieu of notice, else you may have to adhere to the contractual agreement. However try to be more diplomatic in your approach and see if any amicable settlement can be reached between you and the HR/Management to see that your hand over in proper manner without any untoward issue[s] that may arise and getting the relieving letter so very useful for your career. Do not be confrontational as it would end up losing so much of time and add to your stress.
Do not threaten going legal as there is nothing much that can be done within the said period of 2 months. Be wise and act even more wisely.
Thanks and Regards

From India, Hyderabad
I am deeply saddened to notice that the crowd is towards terming monetary value to the notice period.
The notice period is usually used to protect the employer/organization by proper handing over, training your subordinates, sharing the client details or status on any such projects, access to clients, colleagues and other confidential information.
Isn't it unfair to leave the place which has nurtured/served/paid/protected us for the all the while.
The cash value "in-lieu" of the notice period is optional only when the management agrees, or maybe, the management may relieve by "waiving-off" the same sum too.
Illness requiring immediate quitting should be something serious, which no management with Humanitarian approach may not accept and wedding is always a planned one in life. The reasons does not appear as simple as such.
K Mukund

From India, Madras

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