Facing Pushback on Short Notice Resignation: How Can I Resolve This with HR?

Hi,

I have submitted my resignation to my company. According to my appointment letter, I am required to either serve a one-month notice period or pay one month's basic salary in lieu of notice.

Currently, I am serving only an 8-day notice period and am willing to pay the equivalent amount as well. However, my HR department is refusing to accept my resignation and insisting that I complete the full one-month notice period before they issue me a relieving letter.

Please advise on how to proceed.

The intention behind this notice period is to replace the vacancy with the best resource, as they are asking you to serve for 1 month. Try to serve the notice period as per their advice or try to convince your HR on this issue. I hope you can resolve the issue amicably. All the best for your future.

Thanks & Regards,
Vani

It should be either way.

When any employer hires an employee, they don't bother to wait for one month for recruitment (if someone has been finally selected). The basic question is, what is the immediate date of joining?

They should consider that if he/she has to leave his previous job, he/she has to serve one month's notice to the previous employer. In all conditions, employers are in a win-win situation.

In your situation, pay the rest of the amount for 22 days or 30 days.

Dear Mehtajatinder,

In my opinion, it would be wise to follow the HR advice and serve the full notice period. You have to impress your future employer and seek an extension of time until the one-month period is over.

In fact, the prospective employer will appreciate your commitment to your current employer if you try to convince him that you indeed need an extension.

There is also one more dimension to it. If you tell your prospective employer that you have handled responsibilities that cannot be handed over in a jiffy and it will take time for the new person to understand and take over from you, your image with the prospective employer will go up.

Vani has indicated that Employers are in a win-win situation; they insist existing employees to leave after serving the notice period and want new employees to join almost immediately. I fully agree with you. But look at the following paragraphs:

If we look at it from the employee's perspective, sometimes they are in a win-win situation. On some occasions, you will observe that the employer would have made an offer and accepted to wait for the new employee to serve the notice period with the previous employer. But closer to the date of joining, the employer either gets information from the new employee that he is unwilling to join for some strange reasons (implying he has joined another company). The scenario here is that he submitted the resignation after receiving the offer letter from you. Simultaneously with your offer letter, he had pursued alternate jobs and was successful in locating one during the notice period he had promised you and joined the other company. The fact here is he has used the notice period he promised you and also your offer letter to get an enhancement in CTC by flashing the offer letter given by you. So eventually, this is a win-win situation for the employee as well. Honestly, this trend is on the rise now.

My suggestion to fellow HR professionals is to type out the Offer of Appointment, obtain the signature of the prospective candidate in both the employer and employee copies. Also type out an offer of appointment that does not contain any CTC figures (the offer letter will just say he has been selected for "X" position). Hand over this letter to the candidate. Tell him that he will receive the detailed letter of appointment that he signed before you on the date of his joining. (Do not even give photocopies). Tell him explicitly that you had experience in the past wherein employees had received the offer letters used it for seeking better offers.

By doing this, in my opinion, you will at least deter him from flashing the CTC letter to yet another prospective employer.

Regards,

M.V. KANNAN

I agree with Mr. MV Kannan's view on resignation. It is now common that employers expect new entrants to join immediately and expect the one who resigns to stay till the notice period. This happens mainly where there is no detailed succession planning made (or where there is a large-scale turnover).

There needs to be a judicious view in terms of holding people. HR should insist that high fliers are retained for the full retention period.

Regards,
S. Venkataramanan

Dear Mehta Jitender,

A candidate who has resigned either has to serve the notice period or pay the salary in lieu of that, as per the terms mentioned in the appointment letter. Depending on the relationship the employee has with the HOD, the notice period can be waived off. This all depends on the relations the employee maintains and the policies of the organization.

Normally, the notice period is insisted upon to hand over pending issues properly to the newly recruited. These issues arise where no proper succession planning is designed in the organization.

With regards,
LK

Hello mehtajatinder1982,

Kannan is right.

First and foremost, I think you made quite a few untenable/unrealistic assumptions regarding your getting relieved while promising the new employer of joining immediately.

You should have thought out the actual work to be handed over and the timeframe needed for it - from a professional attitude perspective - even before you submitted your resignation. That way, you could have had a chance to convince your HR during the discussion regarding your relieving date and avoided this situation altogether.

Going by what you mentioned, the reason why your HR wants you to serve for 1 month is for a smooth change-over, which is very justified - not just from an HR perspective, but also from yours.

Coming to 'what to do now,' I suggest you talk to the new employer explaining the situation. If they value professional ethics, they will agree and also appreciate - as Kannan pointed out. But also remember that this could depend on your interview performance - if you did very well (thereby enhancing your value), they will definitely wait for you to join. Had your performance been just average - and they are hiring you only due to urgent needs - the chances may be less that they will agree. In which case, you may need to forget about this opportunity and be more careful in your future job hunt.

All the best.

Regards,

TS

An employee has many things at stake with the employer at the time of resigning and departing. Therefore, the employer always has the upper hand in the event of parting ways. An employee has to comply with the employer's wishes, as a lesser employee cannot compete with a powerful employer. This dynamic is typically understood by the employee during the interview process with a potential employer. It is advisable for the employee to ensure that they serve a notice period with their current employer before transitioning to a new role. This approach allows the prospective employer to appreciate the situation and structure an offer accordingly.

If you have to leave the job urgently, you may deposit one month's salary to get immediate relieving. But if you have time, then complete one month's duration.

Best regards.

Dear,

Basically, it is an ethical practice to serve the notice period as per the appointment letter. I also agree with most of them here.
The notice period is normally the breathing time both the employer and employee need to understand. How would it be if an employer asks someone to quit without giving notice? Will they not create havoc by going to various machineries? Therefore, there is nothing wrong in expecting some time to be served as a notice period by the employee so that the employer can find an internal/external source to have a suitable replacement.

There are certain companies that, when they urgently need an employee, do not mind compensating for the notice period that the prospective employee may have to pay his current employer. It happens on both sides.

V. Balaji

The best way is to talk to the HR person at the new job regarding joining after one month, as the current employer wants you to serve a one-month notice.

Recently, I resigned from a reputed company by giving 8 days' notice. However, as per the appointment letter, I am required to serve at least a 1-month notice. I received a better opportunity elsewhere, and they informed me that they would pay me after 45 days. Now, I have received a letter stating that as per the appointment letter, I must serve a one-year term in the company and also pay a certain amount. They have deducted one and a half months' salary and are withholding my remaining salary. What should I do?

I was on a probationary period and worked for 1 and a half months. I believe that I am entitled to my salary. Is there any legal recourse I can take, such as sending them a legal notice? Please advise.