How Can I Legally Ensure My 1-Month Notice Period Is Honored by HR?

Subject: HR Policy to Release a Candidate

Hello All, I need expert advice on this, please. I'm quitting my organization (a reputed one), and in my offer letter, I was asked to serve a 1-month notice period. Now, the scenario is:

The organization officially announced on May 2nd, 2010, that all its employees need to serve a 3-month notice period. I joined the organization on May 6th, 2010. It was clearly mentioned in the official letter that, "The revised terms of the notice period have already been implemented for new hires." I was given a hard and soft copy of the offer at the time of joining, stating that I have to serve a 1-month notice period. Neither was I personally updated nor was I sent any intimation afterwards that the policy had changed.

Some candidates who joined during that period were personally informed via email about this change. Unfortunately, this has not been my case.

I have made some personal commitments based on this, and I clearly informed the HR that I will not be able to serve a notice period of more than 1 month, strictly based on my offer letter (all official). The Head HR accepted that what I was technically saying was right but mentioned he needs 2-3 days to decide. I strongly doubt they will let me go; they may try to extend my notice period to 3 months.

I want to be released in a month, but the HR is taking time to respond. I do not mind that, but in case they decide to extend my notice period to 3 months, it is something I will not accept.

I want to know legally how I can negotiate with HR to release me in 1 month.

Please suggest some strong points.

Thank you!

Hey Hammerfall,

Legally, there can be no option to negotiate with the HR department for an early exit. This can be done politely and by being humble.

As you are aware, the notice period has been extended to 3 months, and the official letter/notice was circulated on 2nd May. So officially, it involves you as well, and your Date of Joining (DOJ) is 6th May.

If your HR head agrees, I'm sure he/she will be able to relieve you in one month's time, totally based on your relationship and behavior now. If you take a step to go legal, that would create problems and negativity on both sides. So it's better to wait for 2-3 days as asked by the HR head and then plan your course of action.

Regards

Thank you for the response. I don't mind waiting for 2-3 days. I just want to make myself prepared for this. What if they say I need to serve a 3-month notice?

I understand that when this was officially declared, i.e., on 2nd May, it applies to all the new joiners, but it is clearly mentioned that "The revised terms of the notice period have already been implemented for new hires."

When I joined, I was supposed to be given a revised letter. There are employees receiving revised letters who joined during that period.

I cannot continue beyond 1 month; that's the reason I need to know how I can put my point more effectively to the HR head in a polite way, of course.

I don't have anything mentioned officially to me, and this is a glitch from the HR point of view. Why can't I take this seriously when I need to be released in 1 month?

Please suggest.

I agree and understand your point of view; it's a lapse from the HR department, and hence such a situation has arisen. There can be two solutions.

First Solution

As I suggested in my previous post, talk it out with the HR Head and try to convince them about the whole scenario, explaining how things are mentioned in your offer letter and how, based on that, you have already committed to the next company. I think they will understand your concern and the logic behind the whole situation.

Second Solution

The second option could be to simply resign, serve a one-month notice, and leave. This might create another problem of an improper exit, and the company might hold your salary or relieving letter. Hope it will work for you.

Regards,

Hi, I saw your previous discussions. I will go with Archana. Be polite with the HR Head and try to explain your situation. If you are rude with them, they surely won't let you go. If you leave the firm after one month without serving your notice, as mentioned by Archana, you will be in trouble and will not be able to get your experience letter.

Handling Uncooperative HR

If your HR Head is not cooperative, then inform your new company about your situation. If they really want you, they may buy you out from your previous company. Alternatively, you can come out of your company through the buyout option. This is the final solution.

You only agree that it's a lapse from HR; still, why not point out HR's mistake and ask them to rectify it immediately and give relieving on the spot? No, because HR has a big EGO, and no one can speak against them.

You are already on the safer side, as you aren't intimidated by the extension of the notice period. The company can't force you to stay back. So, no worries, straight away go to HR and take your relieving letter. All the best.

If the fact was updated in the standing orders of your company on 02.05.10 and compliances are duly made by the company under this act, it is mandatory for you to follow this.

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Anurag Jain is right. Going by the facts of the case you mentioned, you have two options:

1. You haven't mentioned your job role/designation. But, in general, you know that the Notice Period is meant mainly for transferring knowledge and other responsibilities, as well as to identify a replacement. Though of late, it's also being used to hold back employees. In view of this aspect, check out for yourself how much actual time you would need to handle this handover task and use this info when you discuss with HR—if not the full period, quite often it enables you to get the Notice Period reduced drastically.

2. Talk to the New Employer where you are now moving—request them for more time (as much as you can). By this, you are trying to achieve a trade-off between what's practically possible with both companies and reaching for a mid-way cut-off date. I don't think there's any point in going the legal way in such scenarios. If you attempt to speak in that language, you will only end up with a hardened stand from the HR guy—however eager/much you want to go in that direction. You will only end up ruining your chances for a future reference.

All the Best.

Regards,
TS