Stuck in Notice Period Limbo: Can I Legally Push for Early Release from My Job?

I am working in an organization for 8 months. My notice period is 3 months, and I had applied for resignation by July 02.

I had been insisting on buying my notice period in 45 days, but the organization did not take any action against it. There were lots of email conversations between HR and managers.

It is around 50 days, and still, the company has not found a replacement for me.

The HR always redirects to the manager, and the manager keeps on saying that unless he gets a replacement, he will not relieve me.

To date, I have not received a resume to interview anyone for the replacement.

Can I take any legal action against the company for not relieving me while I am ready to buy out the notice period?

I need to join a company by August 18th, and I am ready to buy out the notice period. Most of the time, I am sitting idle in the company with no work, just serving as a buffer. There is no knowledge transfer happening.

Day by day, I am growing angrier as they hold me just to be a buffer and sit idle doing nothing.

In between, I had the idea of quitting the company abruptly, but my recruiting company said it is not the right thing and wants a formal relief with all letters from the previous organization.

I want to know:

1) Can I take legal action against the company for not relieving me while I am ready to buy out the notice period? How long will the process take?

2) Is the acceptance of the resignation email confirmation from the company enough, or is a formal resignation letter required?

Hi Carthy,

Acceptance of resignation is sufficient. Please explain the situation to your new recruiter and assure them that you will receive the formal relieving letter within 2 months. I hope this information will be useful for you. Keep rocking.

Is there any option like taking action against the company for not relieving early? It is sort of like torturing the employees to work even when they do not wish to work. Here, I am not escaping from work; I had given them a certain amount of time to get ready for recruiting another person in my place. I am also open to buying out the notice period.

Last week, they sent 140 employees home abruptly by offering three months' salary. When we, as employees, try to do the same in return, they are not ready to accept it. I understand the business value and everything.

Hi Carthy,

Don't waste your time and money by taking legal action. Tell your HR that you could wait only for a week and then move on.

Patience is more important in dealing with such cases. Anger solves nothing but makes things more complicated.

Inform the situation to the new recruiter and convince them to extend the date of joining. Do not give them any hint of your aggressive thinking in the present situation. Stay calm until all the processes complete smoothly.

Take the matter as a test for you and, if possible, think from the employer's point of view with peace of mind.

Very first thing you must know is that your leave should be adjusted against your notice period, regardless of whether a replacement is available or not. Once you have served the notice period, the company has no right to retain you.

Just let me know how many leaves you have in your leave account?

If you have accepted a copy of the resignation, then you don't have to worry. Otherwise, please send it again by mail or registered mail.

Thank you.

I am working in an organization for 8 months. My notice period is 3 months, and I had applied for resignation by July 02.

Only 8 months you have worked, no stability factor from you. What is the guarantee that you will not do the same in the new organization?

I had been insisting on buying my notice period in 45 days, but the organization did not take any action against it. Lots of email conversations between HR and managers.

Why this much hurry to leave the job in haste? Above all, the company has paid you for 8 months. The 3-month notice period can be served.

It is around 50 days, and still, the company has not found a replacement for me.

The HR always redirects to the manager, and the manager keeps on saying that unless he gets a replacement, he will not relieve me.

To date, I have not received a resume to interview anyone for the replacement.

If you are really interested in taking the new job with no frills attached, why can't you get a person from your own circle as a replacement? I am sure you will have friends who will be in need of the job. Thereby, you are doing two good things:

1) Getting a job for the needy.
2) Finding a good replacement for smooth transition.

Can I take any legal action against the company for not relieving me while I am ready to buy out the notice period?

What legal action will you take? How much will you pay for the same? The company can very clearly say that the individual should work for the complete notice period.

I need to join a company by 18th August; I am ready to buy out the notice period.

What benefit are you getting from the new company that you are not getting from the current organization? Why have you decided to make a shift? Have you ever discussed the prospects you will get in the new company with your current superior and tried to understand or made it a point that you would wish to continue in the current organization if the same prospects can be matched?

Most of the time, I am sitting idle in the company with no work; I am just being used as a buffer only.

Why are you sitting idle? As you need to shift, you will have lots of assignments to complete. Why can't you take that and complete it in a fruitful way?

There is nothing to do as far as knowledge transfer is concerned.

What sort of knowledge transfer do you expect? How much effort have you put in to gain the knowledge and how much have you put in to share the knowledge you have?

Day by day, I am growing anger, as I am being held for just being a buffer and sitting idle for doing nothing.

What are you going to gain by getting angry? You will get high blood pressure, which will lead to trouble in your heart and mind. Be cool as a cucumber.

In between, I had the idea of quitting the company just like that, but my recruiting company said it is not the right thing and wants me to be relieved formally with all letters from the previous organization.

This is the biggest blunder you have made. It is very ridiculous to talk about what is happening at the current organization to the new organization. By this time, they would have understood your nature as a person. What is the guarantee that you will not do the same thing after 8 months?

I want to know whether:

1) Can I take any legal action against the company for not relieving me while I am ready to buy out the notice period? How long will the process take?

It will be very difficult to do the same. Only on mutual understanding can you do it; otherwise, it will be very difficult, my friend.

2) Is the acceptance of the resignation (email confirmation from the company) enough, or is a formal resignation letter required?

As they have already mentioned that they require complete documents, it will be very difficult to prove your point. You have already informed them regarding the issues as well.

Be cool and do some self-analysis on the following and take decisions:

1) Why do I need this job?
2) What will I get from the job?
3) Is that short-term or long-term?
4) Can I get the same here?
5) If yes, how should I get it and what should I do to get it?
6) If no, why am I unable to get it?

Please make decisions thoughtfully.

Thank you, peer.

The company is being sold to another company; they have already sent 140 employees home. When I joined this company 8 months ago, the HR said the company was doing well and there was no need to worry. I was not informed about the organization being sold.

I understand there is a lot of room for improvement everywhere, but when the organization is not performing well overall and is being sold, I need to be alert and act quickly to protect myself. It is pretty bad that these companies hire people when they are not in a good position and then sell to someone else.

That was a thoughtful perspective on resigning from an organization. It is disheartening to witness someone of the same rank doing nothing yet receiving double the salary. It creates an awkward situation.

Why don't they standardize salaries for everyone in the IT industry? How long will this disparity continue?

Dear Friend,

You are just being held to ransom in an absolutely unethical and illegal manner. Normally, the terms and conditions spelt out in Appointment Letters are:

"In the event of your resignation/leaving the Company, you shall be obliged to give to the Company one month's notice or pay to the Company salary in lieu of such notice thereof."

In your case, it is three months or three months' salary in lieu of such notice.

Since you are willing to "buy out your Notice Period," there is no reason why the Company should not accept your resignation and relieve you as per your request.

In not doing so, the Company is only demonstrating extremely poor HR practices and a very poor corporate image.

Like one of our friends has said in one of the responses, there is no point in wasting your time and resources in contemplating legal action which would prove to be even more frustrating and a long-drawn-out process.

You MUST write in detail to the MD or the CEO or to any other decision-maker in the Company about the manner in which you are being treated and harassed by people down the line.

Under the circumstances, you could enrich yourself by doing some meaningful reading and utilizing the time available to you.

You have the option of just walking away after explaining your point of view in writing, but then such a set of people will certainly create problems in settling your dues in Full & Final, and you may end up losing your rightful dues.

It is most unfortunate, but we do have some such poor HR practitioners, and we have to live with them.

For any help, assistance, or guidance, you are most welcome to contact me anytime.

Cheers!!!

Vasant Nair

09717726667

Dear Carthykn,

I have read your post and the replies thereto. The first point to be examined is the clause in your appointment letter. While it obviously contains a provision for a notice period, is there any provision permitting you to buy out your notice period at your option? If there is no specific provision to that effect, the company can certainly refuse you that privilege. The same can be said about adjusting your accumulated leave against the notice period. This is not a right of the employee and is, at best, a concession permitted by some employers.

Yes, you have the option of "walking out" on your present employer immediately and leaving it to them to adjust your leave against your balance notice period. But, you would not be given a good reference if desired. They may also not give you a proper relieving letter.

No one can be compelled to serve another against his wish but may be compelled to do so within the terms of a contract, as it is in your case. Once you have served out your notice period, you can walk out from your present employer, and no one can force you to continue.

For now, the best you can do is to try and convince your present employer to relieve you gracefully, adjusting your balance notice period against your leave, or allowing you to buy it off.

Regards,

Gerry

Dear Carthy,

It is clear that you have several reasons "why you don't like to stick with your current one." It seems that when you go in-depth, you come up with a lot of explanations to prove your side to be good. Moreover, you are looking for a positive image from our side. My suggestion to you is to "JUST GO AHEAD WITH WHAT YOU HAD IN MIND."

Dear All Members,

I have seen this same experience with some of my friends; even though they ask for suggestions, they are not ready to pick them up and prefer to go their own way. Additionally, I agree with Mr. Peer's words in the meantime.

Regards,
Jana

Dear Carthykn,

I endorse the opinion of Gerry.

Unlike others, Gerry has not been judgmental about your action/proposed actions, and has provided a balanced professional opinion after considering all possible situations.

I especially agree with the following points in his opinion:

- Company can refuse to buy the notice period.
- Company can refuse to adjust against leave balance (i.e., refuse to grant leave to you) and insist on paying for the leave at the time of full and final settlement. (unless there is an express provision - very unlikely)

At the same time, I wish to add:

- Company can make you sit idle without any substantial work - after all, they are paying you, and the company would not trust any new or important assignment to a person who is intent on leaving.

So, the options you have at your disposal are:

- Wait patiently until the notice period is over.
- Negotiate amicably for an early release.
- Walk out.

But, nevertheless, all said and done, it is not the way good companies work or treat their employees.

Obviously, you made a wrong choice in selecting such an employer. I hope you don't commit the same mistake again; which would rightly be a blunder.

Best wishes.

Thank you all for your replies. That really gives me a lot of confidence. I don't want to gain a bad aftertaste from anyone; I am just exploring various options and don't want to make any hasty decisions. I thought taking legal action would be easier than fighting with the manager.

Can anyone elaborate on how taking leave can reduce the notice period? I have 20 days of earned leave. Will Saturday and Sunday also be counted in this scenario?

For example, let's say there are 30 days in September. If I only consider the working days, I should be eligible to be relieved by the 3rd of September, taking into account that Saturdays and Sundays are non-working days. Is that the correct understanding?

Are you in India? If yes, Indians are treated like dogs in their own country by their Employers because of no stringent labor laws, social security, and slow legal proceedings.

First things first, stay calm. Relax. Don't get aggressive and don't be reactive. It shouldn't be reflected on your face. Keep it in...swallow it.

Legal action and things like that are painstaking and would take a lot of time to get justice in India, especially.

Why are you just getting stuck between your HR and HR managers? If you are not getting a solution, then why didn't you escalate it to the next level? HR and Line Managers are most of the time confused and try to exploit employees as much as possible. But the top management is unaware of it. So your job is to make them aware by escalating it further.

Let me give you a flow of escalation. Your Manager --> wait for 2 days for his response --> No response, then follow up again, wait for 2 days --> no response, follow up again but keep HR in the loop now --> wait for 2 days --> no response --> escalate it to the next level, don't keep HR and your manager in the loop --> no response, follow up and keep taking it to the next level until you reach the top management or CEO of the company.

Don't get scared when you are escalating. I see that most employees get scared to escalate issues to top management. I personally wouldn't even be afraid to email the president of India to get my matters settled. If you don't get any favorable response from your company, then involve the labor minister of the state and central govt. and keep escalating until you approach the president or prime minister. This is a better alternative rather than jumping into legal actions. Try all your options out before you proceed with a legal option.

I gave this formula to my friend recently, and things worked out much quicker in her favor. She was bit reluctant at first, but when I asked her to do it for her life, she gave it a shot. She was to get relieved in 30 days, but when she escalated, they relieved her in 2 days.

Try it out and tell me the result.

Good Luck.

Remember: Your attempt may fail; but never fail to attempt...

My 2 cents here...

Weekends won't be considered. Companies consider business days only.

Leaves:

1. You can either take the leaves in your notice period (some don't allow this) so try the next option.
2. You can get it paid (but some companies pay it based on basic salary). You need to inquire how it would be paid if you go ahead with this option.
3. You can reduce your notice period based on your leaves.

Thats true Rajkumar. Getting into a company having a 3-month notice period is dangerous, and it's better to inquire with friends before joining the company. I did join this company out of overconfidence and I'm not going to do this again at all. Where there is a will, there is a way... I will keep you updated.

Hi All,

I am stuck in a situation where I have resigned, and the company is holding my relieving letter.

1. My appointment letter says a notice period of 1 month by either party.
2. I resigned on 10th September 2009 and was supposed to be released on 9th October 2009.
3. Till 3rd October, they did not send me an acceptance email of my resignation but verbally told me that they would release me on the last day.
4. Now they say that they will give the relieving letter after one month from now. They also say that they have the right to know about the work and company I am going to.
5. They are also threatening to terminate me on grounds of breach of trust if I stay back in the company from now. So they told me not to come to the office and collect the relieving letter later.

Kindly let me know what can be done. What rights do I have to ask for my relieving letter on time? What are the HR policies?

Thanks in advance.

Dear Carthykn,

Please read your Appointment Letter carefully, particularly the Exit Clause. The answer lies there. However, if the company still wants to play dirty, they can and get away with doing so. Some companies do so. We gotta live with it. Please read my response given in an earlier thread.

Vasant Nair

If you are right and the company is using dirty practices to play games with you, don't waste time. Approach a labor lawyer and send a legal notice to the company. You should be all set within a week. I have done this before, and it worked like a charm.

Dear Rajshekhar,

I agree with Mr. Vasant Nair (response quoted below). In your case, the company is playing dirty, and there is not much one can do about it. Through this forum, I have time and again voiced my opinion about such rogue companies. Please join the new company after explaining your present circumstances (show them proof of your resignation and the condition of one month notice - hope they'll agree) and just give your mailing address to your old company. You are not a bonded laborer (that too is illegal, in any case).

Regards.

Dear Carthykn,

However, if the company still wants to play dirty, they can and get away with doing so. Some companies do so. We gotta live with it. Please read my response given in an earlier thread.

Vasant Nair

I don't agree with Raj Kumar's comments, "In your case, the company is playing dirty, and there is not much one can do about it."

We can do it, but we don't want to because it has always been like that, and nothing could be changed. This is a common belief among Indian employees. Everybody has a "Jaane de" mentality in India, that's why Indians are getting exploited everywhere in the world. They take any abuse from any employer. Nothing can be done about it because people like you never muster the courage to take action. They don't want to take initiatives or attempt anything; they just draw conclusions without taking any real steps. Success comes to the one who tries. If people like us can't do it, then who will? Who will stop this exploitation of employees by their employers? Please don't make baseless judgments without offering viable solutions to the author of this post.

Note that your attempt may fail, but never fail to attempt.

Thanks

I completely agree with what you have got to say. When employees can be legally/mentally harassed for not serving the notice period, I guess the same applies if the employer does not relieve accordingly - and that too, with all proper documents.

Hi Raj Kumar,

Thank you for the positive email. However, when you say, "this time I got a little tired," that implies we lost one of our strong individuals in the struggle for justice. Please do not get tired, as we still have much to accomplish for ourselves, others, and our great country, India. I love my country and wish for it to shine globally. It all starts with the small actions we take. As the saying goes, "Charity begins at home."

"I got tired" is not the response that this HR community expects from esteemed professionals like us and others here in Cite HR. We are here to offer proper guidance to those in need. Action is required whenever we encounter a "call for action" scenario.

To the author of this post, please accept my apologies for digressing from your topic. My aim is to enhance the situation for everyone—that is the ultimate goal.

Thank you.

Finally, what have you decided? Raj Shekhar, you can take suggestions from everybody. Sit with a pen and paper in a silent location, analyze the problem and try to map each solution that has been provided to the problem to judge the aftereffects of it. You need to think from a 360-degree perspective. With that being said, since you are in the situation, you need to make your own decisions as you are the best person (than any of us!) to judge and make effective decisions which would be better for you. You need action, and you shouldn't waste much time. Because with time, the situation might change, and you will need to post another question to get proper feedback. Please note that the professionals here in Citehr have provided you with enough solutions (I believe!). You need to act, and we would appreciate it if you could keep us informed about the outcome. Thanks.