Navigating Employer Issues During the Notice Period

I am working in a small software company and I am serving my notice period. I had mentioned the notice period of 1 month in my resignation, but they are adamant on the notice period of 2.5 months (the company has a 3-month notice rule). Since the start of my notice, they are overburdening me with work. The work culture here is very bad, which is the reason I want to leave as there have been many cases in the past where they have troubled the employees.

They are not negotiating the notice period anymore. I don't want to serve them for 2.5 months as there is a lot of pressure on me. Please tell me how can I proceed with this. Is there any alternative if they don't give me a relieving/experience letter?

You are free to take your own option. It may be like 1 month notice + 2 months salary, 2 months notice + 1 month salary, or immediate release with 3 months salary as a downpayment.

Hi Vir,

Since it is a small company, they have few people to work and thus are adamant on 2.5 months. My new employer wants an experience letter for HR formality. What to do??

Hi Rajat, I can understand what you are going through, but you know the company has a rule to serve a notice of 3 months before leaving, and you agreed to the employment terms while joining them, so you have to spend your time there. I also understand that the work pressure and their behavior are bothering you, but seriously, this is the genuine reason that you mentioned for leaving this organization due to their bad work culture or it not being suitable for you.

You must understand that the culture of any organization/company can be according to your style, and you have to adjust yourself. Please let me know the other reasons for this decision because I don't think one can leave a job solely because of culture. What kind of culture are you talking about? Can you please explain?

Secondly, have you applied for a job elsewhere or received any offers? We all know that we should not take this kind of action in our life just because of this culture problem, as every industry/company has its own culture and work style. The IT industry has its own style and culture, and a manufacturing company has its own. If you ask me, I can tell you about the Retail, Engineering, Manufacturing, and Garment industry too because in my long but short career, I have worked with them and seen their different cultures and styles of work. However, I don't think your decision to leave your current job because of a culture problem is right.

Anyway, if you really don't want to continue your job or have other options in your hand, you have to spend your time because until then they will give you exit clearance, and your salary for this period and experience certificate can't be offered to you. My advice is that you need to ask your boss again, tell him/her that you have to go early with a valid reason, and request to be relieved. That's the only and simple way to tackle your problem; otherwise, you have to spend your time and serve your notice.

Hi,

I completely agree with what Mr. Anil has said. Really, if you have a better opportunity, then it's good. But are you sure you will like that work culture? Just think about it.

Best wishes.

Regards,
Sujata

Anil,

I have seen several 'leaving' employees being harassed. So, I don't buy your logic. It is interesting, but I am curious to understand if there is any immunity possible for the leaving employee. We are seeing several posts and probably, 'smart' answers are less important than 'practical' ones...

I believe most guys posting in this forum may be really smart, but may not be smart enough to handle the diplomatic requirements of the situation. So, a 'practical' solution might help.

Hi Vir,

There are so many people who have suggested, but no one has given a concrete solution. Still, I respect every individual. Please refer to your appointment letter and what it says about the notice period.

Suggestion 1: If it says one month, please hand over all the assets of the company and send a written email stating that you have served the sufficient period. The copy of the email is sufficient for your new employer to show that your move is legal.

Suggestion 2: If it says 2/3 months, you need to serve and bear all the pressures (work-wise) and maintain good relations with the present employer. Who knows, they may become big tomorrow? One can't violate HR rules; it will lead to other complications in your future employment.

Raju.

I agree with Nikhil. What does an employee do in a small company having around 20-25 employees? Employers of small companies harass the employees with work pressure and other things. When such companies fire people, they don't give any notice. There needs to be some regulation so that such things can be avoided. This kind of situation makes employees helpless.

This is a common situation. If a company has the right to hire people they like, employees also have the right to join companies of their choice.

Hi Trajat,

Recruitment and selection purely depend on mutual decision between employees and employers. There is no compulsion on it; neither can you impose your decision nor the employer.

Nowadays, the job market scenario has changed, and everyone desires to advance in their careers within a shorter period of time. Consequently, they abruptly change jobs, causing companies to suffer huge losses. When an employee joins an organization, they require at least three months for adjustment, and thereafter, they start producing results.

From the employer's perspective, they select an employee and nurture them to achieve good results, expecting the same in return. Due to the high investment in employees (from selection to confirmation), conditions are set that must be maintained by both parties. Therefore, companies have increased the notice period from one month to three months.

If you sign the employment contract letter and accept the contract conditions, you have to adhere to them until your last day in the organization. There are no fundamental rules that breach the contract unless one of the parties violates the conditions.

Ok Dude

Anil,

I fully wish to see that the employee serves the notice period. We are on the same page. Being an employer, I certainly do wish that.

However, I don't buy a situation where THERE IS A WORSENING OF THE CIRCUMSTANCES AND ATTITUDES TOWARDS A LEAVING EMPLOYEE just because he is on notice. The post says that this problem has come up during the notice period. A notice period is meant to help the company look for a replacement and train the replacement and ensure smooth handover without compromising the business objective.

A notice period is NOT MEANT TO HARASS A LEAVING EMPLOYEE BY OVERBURDENING HIM WITH WORK. Neither is it meant to GIVE HIM TASKS THAT HE NEVER DID BEFORE. That is what I mean to say.

Your answer stating that you have to serve is bought well, but your stand is simplistically put, not quite right... As the HR, if such an employee comes to you, you need to check if he is doing the task that he has been doing till date or is this something new. See what the normal timelines for such a task are and understand if there is undue pressure being put on the leaving employee and probably counsel the manager of the employee to ensure that the exit is smooth. After all, if you are the kind of person believing in referrals and networking and background checks, you will agree that happy alumni are the biggest assets of a company.

And most of the answers I see on this forum are stating about the work life, culture, maintaining relationships, etc. No one would complain about a notice period if it is like 'every other day' they were in the company. Hence, what I wish to say is that, the fundamental phenomenon THAT THE COMPANY HAS CHANGED THE WAY THEY ARE DEALING WITH THEIR EMPLOYEE DURING THE NOTICE PERIOD IS BEING IGNORED. And believe me, it is easy to prove it in a court of law and it is punishable in a court of law. Worse, the HR could be proved as the alibi.

I know going to a court of law may not be practical for many. But you need to understand that many employees are not smart enough to 'avoid' doing work assigned to them even during their notice period.

Dear All,

I have gone through the interesting views submitted by distinguished members of this community, and I agree with Mr. Nikhil.

I have a query for which I am expecting a reply from all of you.

---I do agree that an employee has agreed to certain terms and conditions to serve the employer, but is it anywhere mentioned in the terms of the contract that "EMPLOYEE HAS TO TOLERATE EVERYTHING WHICH IS UNETHICAL"?

Who has given the rights to the employer to torture the employee?

How can the employer overrule everything? For example, if an employee wants to be relieved before the end of the notice period on genuine grounds, he/she will not get his experience certificate, relieving letter, benefits, etc.,

For TRAJAT---

1) I do understand your feelings and the pain you are going through, but if you really want to overcome hurdles in your life, then you need to gain patience levels. You have to learn how to tackle situations at the workplace diplomatically, as there are better ways to complete your notice period without inviting troubles that may spoil your career record.

2) If you have an offer in hand, it's up to you how you want to get yourself relieved because it's your life, and you only have the right to assign priorities.

3) If you don't have an offer in hand, you have got 8 hours/day to offer to your employer. Whatever you can do, do it with full passion. Accept it as a challenge. Allow dogs to bark and bark, remain cool without losing your patience levels, and try your best to enjoy the daily show at the workplace.

With profound regards

Right, Mr. Gurjar, I agree with you that a notice period is not meant to harass a leaving employee by overburdening him with work. I am also against these things and I have never supported harassment by superiors in this regard.

Definitely, we should raise questions about the behavior of superiors with an employee during the notice period. However, people didn't understand that I was simply trying to say that employees like Rajat, who are not in service or completing their notice period while making statements or asking for help to be relieved soon by the employer, must complete their notice period.

Also, if an employee faces harassment from their superior, they can talk to HR personnel, and they will definitely not refuse to interfere; they should never try to avoid this.

I have seen many resignations in my company/department but have never seen employees questioning this practice. I always expect that an employee must complete their notice period, which is mandatory according to the agreed terms of their employment.

I hope others understand my statements and motives this time.

I have worked with a few organizations in my career, spent a long time, have numerous HR and other contacts, and know many HR personnel personally from different companies/industries. I have communicated with them many times about the atmosphere and culture of a company/organization. Often, I found that superiors do harass their employees during their notice period and HR personnel have denied helping employees who have experienced such harassment.

Let me ask you all, how many of you have witnessed this kind of harassment by your superiors/employers? How many of you have raised this issue with HR personnel? Has anyone consulted their HR team about their situation and informed them about the actions of their superiors during the notice period? Has anyone tried to find this out?

I am not talking about one or two people but all of you. I am sure that if you sincerely ask yourselves and your connections, you will find that the results are in favor of employers. We often talk about corporate culture, the advancement of human resource management, and their functions/work style. We have numerous laws and committees to help employees with any problems in the organization. However, unless an employee shares their problem, how can HR personnel know about it?

Can anyone provide a single name of someone who has tried to talk to their HR team to intervene or solve a problem similar to what Rajat and others are facing or have experienced, and the HR personnel have denied their request? Can anyone answer me? Stop criticizing HR personnel, guys.

There are numerous HR managers/personnel. Can anyone say that an employee has approached them with a problem and they have not tried to solve it? There are two sides to every coin, and we must consider the employer's side before making judgments about HR personnel.

Think about it...

Dear Anil,

I know at least 3 other people who did inform HR about such situations. However, HR took a sadistic posture... It's sad, but true.

I raised this earlier in a conflict resolution question, but most HR guys have to stick to the chain of command. In short, in case of conflict, they take the side of the bosses.

In fact, it's a pity that most companies do not know or have proper exit interviews. What's worse... they don't know how to initiate change based on such feedback... And we see a lot of posts on this forum on attrition!!! But this only substantiates the claim... and the fact is, we lack HR professionals in this country. We lack other professionals too, but this forum is restricted to HR people.

I wouldn't like to get personal, but you yourself tried to 'push the ball back to Rajat' without adequately probing the case in your earlier posts. It came as a shocker because one could extrapolate that to your response to a problem in your own company... Don't you agree? Or did we misread you???

Your stand has always been that it is mandatory to serve a notice period. Let me clarify that it is NOT MANDATORY. It is CONTRACTUALLY AGREED to serve a notice period OR PAY FOR THE SAME. That doesn't make notice periods mandatory. I have seen in several countries (especially Europe and the US) that when an employer terminates an employee, it is usually done with IMMEDIATE EFFECT, regardless of how critical their work was (even Chairmen were fired by supervisory board members with immediate effect in Germany). So, you might want to reconsider before making tall claims about the significance of that for the employer... Before we go into what one feels and some qualitative assessment and reasons and more reasons... let me help by asking you the same again... In another objective way what I mean is: What financial loss did it cost the company? How did you arrive at the figure? How did you arrive at the duration of your notice period? What would have been the financial loss at the end of the notice period? I hope you have an answer with strong logic and concrete numbers.

In my company, we have partners and employees and we deal with a lot of confidential stuff as we are management consultants. So, our exit requirements are more stringent. However, we don't believe in a notice period due to our business conditions... And we don't have one as a policy. So, it is always a 'sudden' thing for us.

Dear Mates,

We are discussing about the problems occurred during notice period and if one experiencing the harassments during his/her notice period must tell their HR peoples to get the solution. And the same I have mentioned many times there….but still the question remain the same….Why peoples are not getting this???

Mates, I beg your pardon but still there are numbers of response I have seen where peoples still are not getting the actual motive what I have conveyed here. Im not criticising the employees who are facing these harassments by their supervisor and not to anyone but just wanna raise this issue that why employee don't ask the HR peoples to interfere if they facing these harassments/problems and why they still support their Boss when HR personnel get involved.

In my reply, everytime, I tried to convey why this kind of harassment issues take place and bcm serious bcz employees who are facing and experienced these things, never tried to tell about the problems during notice their period to their HR peoples, so how can they get the solution for their problems. This is not the right way to raise the problems and questioning about HR and their function and this problem can be seen everywhere in the world but still we used to say that our Indian HR systems is not good and running too slow and we lack HR professionals bcz we are nod doing our job as other country HR professionals are doing etc etc

There is no question about completing a period of notice if one has never agreed on terms or can get relieved by paying the loss of organization. About Attrition, I wanna ask the peoples why we have discovered this ATTIRITION in HR, and we all know that there are numbers of peoples who just leave the job bcz of attraction of a new job even offered higher pay elsewhere within a short period and it bcm usual. It is important to know that the reasons people give for their resignations are frequently untrue or only partially true. The use of exit interviews is undesired, yet they are notoriously unreliable, particularly when conducted by someone who may later be asked to write a reference for the departing employee. They are reluctant to voice. Criticism for their managers, colleagues or organization generally, preferring to give some less contentions reason for their departure and to control this kind of resignations we used to make the rules, terms & condition of mutual terms of an employment and I don't think there is any harm in it otherwise we don't need these….

And whether notice period is mandatory or not I wanna share with you guys that there are numbers of companies looking forward to enforce the clause of mandatory notice period as mentioned in them in “Appointment Letters” or in “Contract of Employment”. In many companies the notice period is of 1-3 months based the position that you occupy. And why Companies are considering this enforcement tool bcz they want retain their people.

However, I am of the opinion that the moment an employee resigns, psychological he is out of the company. Once an existing employee put down his papers, doesn't matter what work his company assigns to him, he will not give his 100%. He will just hang around to complete his mandatory notice period. Also, there is a possibility that he may get indulged in spreading rumors or negative thoughts about the company, his bosses, etc and thereby distracting other employees. Serving a mandatory notice period and completing your work in hand is a matter of personal values and ethics and none of these can be forced.

So, what do you think the companies should enforce the notice period or shall they just let the person go on the same day or as soon as possible?

Can companies enforce dedication and ethics? Dedication, values and ethics are part of team-spirit and once a person decides to detach himself from the team, he is no-longer bound by the team-values.

Coming back to the point I just wanna say that there is a two sides of a coin and we must remember the both sides…

Hey, Nikhil and Anil,

Very interesting discussion and thought-provoking too.

Endorsing points 5 and 6 - notice period, as perceived by many companies and employers, is not a retention technique. In fact, it serves two main business objectives: ensuring a proper handover to the new employee taking the position and finding a replacement.

Giving more work to an employee during the notice period can be handled effectively with HR intervention. It entirely depends on how strong the HR department stands within the company.

Here is an excerpt from an article on the same issue:

"Sometimes I wonder, when will our HR Managers learn to be strictly professional while handling such matters and accept resignations without viewing it as rejection. How can we educate the parties on the significance of the notice period? We seem to take it for granted. Why rush to hire someone in need, only to pressure them with legal threats when they later seek an early release? Manipulation is not the job of HR, yet we often encounter it in our daily operations."

The practice of notice periods in companies was introduced to provide relief to both the employee and the employer, allowing them to adjust to their respective roles. For the employer, it is crucial as they can hire a replacement and ensure a smooth handover. Employees benefit from bidding farewell on a positive note, creating a favorable reference for their future endeavors.

Is there any data available showing how many employees leave a company without serving the notice period despite HR threats of legal action? How many employers actually pursue legal action against such employees (beyond sending a legal notice)? There likely aren't many unless the situation warrants such drastic measures.

Considering this, why insist on extended notice periods when employees often do not adhere to them, leading to counterproductive outcomes? Policies should be designed to benefit both employers and employees; failing to enforce notice periods only undermines this balance.

Reflect, evaluate, and adapt policies for the mutual benefit of all.

Regards,

Still i wud say that HR peoples are doing their best but until employee'd support them not able to do their job as per the demands of modern age.

Hi Anil,

I'm not denying that HR professionals are not doing their job in totality, but yes, there are few companies and few professionals who are not dealing with situations appropriately. Not just employee support, HR department needs employer's support as well to make them successful in organizations, or all efforts will go in vain.

In my post, the main point of consideration is that policies and practices need to be transformed now, as per the requirements and needs. Actually, a practical approach towards problems...

I agree with Archna. Yes, one needs to change and keep the business perspective in mind.

What Anil said reflected on was the typical 'policing' approach of HR. If you ask people about how effective our cops are, you will get the answer! If we are blind towards the requirements of the organization and unable to create value by bringing in the objective and professional HR perspective, we will see an increase in this phenomenon.

By the way, in my company, we don't have HR. And we don't intend to have one! We feel we can sufficiently incorporate the HR perspective on our own. I know many companies who are headed down that path... Big companies with nuclear departments (ratios of 1:400 are not uncommon) are testimony to this claim... And one of the main reasons is the 'failure' of HR to professionally demonstrate value in such situations.

All said, Anil, I agree that HR people are trying hard and delivering a lot. But somewhere I feel the rigor is missing. For instance, in a professional forum like this, none of them have commented on the appropriateness of the Nadler Approach for Organizational Design... I know you are from a project background yourself. So, you might be a better person to comment on that... Just wanting to comment on that... Now that is an area where a professional should immediately be able to relate and interact. In short, there is a generic lack of rigor making HR an 'anybody's zone!' And when anyone comes in, the function starts losing value... and rapidly! The farther you move from your concepts and books, the quicker you lose value in your organizational value chain. Sorry to digress, but sometimes, it's for the greater good??? Although I love to see the requests for forms and PF rules, etc., sometimes we need more for the gray matter here!!!