Leaving Early Due to Family Needs: How to Handle Notice Period Conflicts with Your Employer?

Hi,

I have resigned from my company on the 10th of July. As per the offer letter, my notice period is 60 days, and whoever breaks that policy (either employee or employer) has to pay the salary for the remaining days. I am asking them to release me in 45 days, but they do not agree.

In other projects, other resources are getting released in 45 days even though they also have a 60-day notice period. According to the offer letter, the 60-day notice period is to find a replacement and train the new hire. In my case, my team already has a buffer resource even before my resignation, and that person would be completing 75 days by the time I wanted to be released. Therefore, knowledge transfer is completed from my side.

If the company does not agree, I am planning to leave without a relieving letter. My only option is to email the reporting manager and all other concerned persons on the last day, informing them about my departure and stating that despite many reminders, they did not agree to release me. It is urgent for me to go to my hometown as there is no one there to take care of my parents.

Could you please advise on which option would be better so that they won't treat me as absconding? As per my understanding, I am not absconding as I am informing them before leaving and am also prepared to pay the required amount. Can I also mention that the company is being partial by not relieving me?

Thank you in advance
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Hi Puneet,

Although I am not well-versed in technicalities and legal aspects, the best I can suggest or understand is: if you don't follow the entire notice period, the company may term you as absconding. However, it will not have any effect on your health because you have already agreed to pay them.

So, for sure, they are at fault.

Furthermore, if they declare you absconding on paper, you can definitely sue them in court. But for this, you must send them a registered AD letter with a relevant reference number and CC to yourself and to a lawyer in the city where you work (this lawyer may be your friend or just an acquaintance).

Later on, if you wish, you can use this letter as proof.

You must clearly state in this letter that you are ready to pay for the days you do not wish to come to the office.

I hope I could help you a little bit, and yes, buddy, take my most sincere and practical advice.

Don't get so tense with all these company issues. Remember one thing—you are leaving the company for the most noble cause, which is to take care of your parents. And no harm would ever happen to you for this. Best of luck.

Keep enjoying and do great service to your parents.

Aayush Dubey

Hi Puneet,

When the management is not interested but you have no alternative but to leave for your own cause, you may proceed as per your plan. No company can declare you as absconding for an employee who has taken care to inform all the concerned officials in the management. However, you should not send the mails to the management from the Intranet but should either be from the internet or in the form of a hard copy/registered post with AD, etc. Otherwise, if your problem is not so severe and can wait for 15 more days, it would be better to complete your notice period and follow all the formalities.