Is It Legal for My Company to Enforce a 90-Day Notice When I Want to Leave in 30 Days?

Hi,

I resign from the company, and my resignation is accepted by my manager with a duly signed notice period of one month from the date of resignation. However, the company's termination policy states that "Your service may be terminated by giving three months' notice period in writing (or payment in lieu thereof) by the company. Please note, however, that if you effect such termination by resignation, you shall be required to serve the company for a period of not less than 90 days from the date of your resignation."

I want the company to relieve me within one month as described in my Resignation letter. I am also ready to buy out the two months of the notice period; however, HR is not ready to do so. Is it legal? What should I do? Please solve my query.

Dear Sandip,

Please mention in your 'Request for Release' letter that you are ready to buy out the remaining notice period. Share how you would ensure knowledge transfer and transfer of responsibilities. Please have a discussion with your reporting leadership and seek their agreement. The reasons a company finds it difficult to let a talent go are the backfill, training, skill transfer, and the learning curve of the new employee. Please find someone in your team who might be in a situation to be trained and manage the duties within one month. Gain agreement from your leadership and work along with them. No matter how many disagreements arise, please keep your communication crystal clear.

Wish you all the best.

Regards,
(Cite Contribution)

I agree with (Cite Contribution), as to how to proceed further, under the given circumstances. Nevertheless, the company's termination policy is heavily tilted in favor of the employer. Such policies are considered unfair and "bad in law". If the company can pay in lieu of notice, it stands to reason that an employee should have a similar option. However, certain employers tend to exploit employees, knowing well that they will not go to court.

Dear Raj,

You hit the nail on the head. It is an employer-friendly policy. The worst thing is that the employee needs to depend on their ex-employers to provide a reference check or background verification. Any behavior judged as inappropriate by the ex-employer can lead to a 'No-Hire' decision for the employee. This might affect the employability of the employee, making the situation very sensitive. Hence, the only way out is to maintain clear and honest communication. Under no circumstances can the employee afford any communication that could delay the process or tarnish the employee's reputation in the long run.

Regards,
Cite Contribution

Dear (Cite Contribution) and Raj Kumar,

Thanks for your reply. I have already communicated to my HR that I am ready to buy out my two months of notice period (not written in the resignation letter). However, I have clearly mentioned in the resignation letter that "I would like to be relieved from the one month of resigning" and also written the particular date of relieving.

I have a copy of 'Duly signed Accepted resignation' by my manager. He doesn't have any problem relieving me. Can I use the copy of the accepted resignation as proof to get relieved? Is there any legal way?

Please suggest.

Dear Sandip,

You are not likely to get a release from them. But keep up your efforts. Communicate in writing about buying out your notice period.

Legal action is the last resort. Please stick to the formal communication, no matter how long it takes. You would still require them to clear you during the background verification. Hence, deal very cautiously.

It doesn't sound nice and easy, but will pay off in the long run. Even if they don't give you a release, your communication, both answered and unanswered, including the acceptance which you have received, would bail you out. Hence, keep patient. The fact that you have claimed to buy out your notice period in writing puts you in the safe zone. Do include the handover process. If possible, keep the documents including all the emails where you have handed all your responsibilities with acceptance from your reporting lead. Do take photocopies of the Clearance Form completed during the releasing formalities.

Regards, (Cite Contribution)

Dear (Cite Contribution) and Raj Kumar,

Thanks for your reply....

I have already communicated to my HR that I am ready to buy out my two months of notice period (not written in the resignation letter). However, I have clearly mentioned in the resignation letter that "I would like to be relieved from the one month of resigning" and also written the particular date of relieving.

And I have a copy of 'Duly signed Accepted resignation' by my manager.

He doesn't have any problem relieving me....

Can I use the copy of the accepted resignation as proof to get relieved?

Is there any legal way?

Please suggest....