Management Insists on Full Notice Period: What Can Employees Do When Terms Are Ignored?

Dear Friends,

Requesting valuable feedback for the issue outlined below. In our organization, our services can be terminated on a 3-month notice on either side. In the event of our resigning, any shortfall in the notice period will have to be settled in a payment determined by the gross monthly salary, as per the appointment letter.

Now, my friend has given one month's notice for knowledge transfer and agreed to pay the remaining 2 months' notice pay as well. However, the management is not relieving him and insists that he completes his full 3-month notice period. He has received an offer from another company that allows only one month for joining.

Please suggest.

Dear Friend,

Nothing to worry about. If you have concerns regarding a relieving order (RO), join the new company and then explain the situation to them that your friend will provide the relieving letter after 3 months. If you do not have any concerns with the RO, just push off.

Thank you.

Thanks for your reply, friend. However, the new employer is very particular about the Release Order (RO), and the current employer has stated that if we leave the organization within 3 months, they will not provide the RO.

My concern is, if management is not adhering to the terms as mentioned in the appointment letter, can't we take any action?

More clarity on the appointment letter is required. Is there any mention that the management can decide whether to relieve him or not before 3 months? Understand why management requires him for 3 months, whether it is to keep him or if he is required to stay. How did he convey the resignation? What is his career history in the current organization? You cannot drag the issue by talking on the basis of points mentioned in the appointment letter; the best thing is to sit across the table and discuss. Both parties have to compromise on certain things.

There are no other terms in the appointment letter like "can decide or not" or any other similar terms. People are likely to quit the company as they haven't had work to do for the past year. The career track of my friend is very good. He conveyed his resignation through a hard copy. I think this is one of the retention strategies. However, if an employee wants to quit, it means in this situation, first, he has to quit and then search for a job because no company is providing a three-month timeframe for intake or without a release order. Moreover, there is no meaning to the terms defined in the appointment letter if management is not adhering to them.

The current organization will be a tough nut to crack. They will have solid reasons for not being able to relieve you; otherwise, they would have done that, right? Please don't let go of your relieving letter like this. If not in this organization, somewhere in the future, you will need it.

I suggest requesting the new organization to extend the joining date. Tell them that you can't break relationships like this. I don't know what profession your friend is in; perhaps he could also start some work there in the evening, etc., to give them the comfort that he is joining.

Dear Sree,

Take a copy of the resignation letter and submit it to the new employer for proof and explanation. Ask your friend to discuss with the current employer in an assertive way and try to get a release order. You can take legal action against the current employer, but that is not a healthy option.

If in the contract, it states that each side has to give 3 months' notice, then each side can insist on a 3-month notice period. Usually, the company asks for this as a contingency to ensure they can recruit a replacement and have adequate time for training and handover.

I believe your friend's company has the right to hold off the RO if the 3 months' notice was not given. Our company, in the past, has waited 3 months for staff to come on board because we knew they were the right person for the job and company. We did compromise, though, and had the new person come in 0.5-1 day each week during the 3 months to meet new staff, get some initial training, a handover, and induction. If the new company cannot make these kinds of compromises, what kind of company will they be to work for?

Hi,

It is always advisable to sit with the management and explain the situation, asking for due consideration for relieving at an earliest possible date, while simultaneously conveying the same to the new employer. You need to hand over the responsibilities to the new joiner and, if possible, spare some time in the evening to train the person.

Regards,
Seshu Kumar.J

If the contract for employment states that the employee has to give three months or one month's notice and no compensation in lieu of notice, then the employee has to work for such period after submitting the resignation. But if there is a clause in the employment contract that compensation in lieu of notice can be paid, then management cannot stop the employee.

Dear Sreedq,

Regarding the problem of relieving, as per the company norms, it is required that one should have signed company policies containing the procedure for relieving, etc. Importantly, the resignation letter should contain the information that you are resigning from the job without giving a decided relieving period for whatever the reason may be. As per the company procedure, you are agreeing to pay the decided amount and have the resignation letter received by the management. After doing this, you are legally free to move after the given time period, and on the basis of that signed resignation letter, you can communicate further. However, it is preferable to discuss with the management that the step of resigning is for the betterment and for the sake of career advancement, and it is required to cooperate with the management.

Thanks and regards,
Anupam Chaturvedi