Struggling with Notice Period: How Can I Leave Early Due to Family Issues?

I am Raghavendra Babu. I have a problem with serving the notice period. According to company policy, the notice period is 2 months, and I am planning to be relieved within 1 month due to family problems. However, when I contacted HR, he is telling me it's compulsory to serve the notice period. I believe that in every company, there should be exceptions for waiving the notice period, such as a buyout option. I am willing to pay the notice period amount, but they are telling me I can't. The only reason they are giving me is that it is company policy to serve 2 months.

Even though I don't have any work in the office and there is no need to create a backup, they insist on the full notice period.

Can anyone suggest how I can move forward and get relieved soon?

Thank you.

Generally, there will be a clause regarding the termination of service in every appointment letter, stating that "the service of an employee can be terminated by giving one month's notice or payment of salary in lieu of notice." In your case, there might also be such a clause in your appointment letter.

If such a clause is present in your appointment letter, as an employee, you do not need to serve the organization for a full two-month notice period. If you wish to work for one month and then be relieved, you will need to pay one month's salary to your employer for the remaining notice period. The HR department cannot insist that you work for the full two months.

Regards,
NVRao

Hi, thanks for your precious reply. This is the statement which I got from my HR team. Could you please read and help me with this? I have also attached a file regarding my notice period, and you will find this question on the last page.

Scenario 2: Employee Submits Resignation and Requests for Waiver of Notice Period

Action Required:
- The manager needs to update the resignation of his/her reportee in the MIG tool.
- It is required to update the resignation in MIG within 7 working days from the date of resignation, even if we are still engaging in resignation reversal discussions.
- It is highly recommended that we ask the employee to serve the 2 months notice period. Based on the manager's discretion (compelling reason), on a case-to-case basis, this needs to be reviewed with the tower HR representative for any such exception request.
- For any waiver of notice period amount, the same needs to be approved by the Tower Director given the cost impact.
- If the employee agrees to pay the notice period shortfall, we still reserve the right to communicate to the employee that given the business criticality, we cannot adhere to his/her request, and he/she will have to serve the 2 months notice period. The intent of doing this is to enable a smooth transition and minimal impact on delivery, and it is not an employee recovery process.
- Please send an email notification to your tower HR representative on any resignations in your team.

Regards.

I am an employee of a company, and I don't want to continue with the company. I would like to give a notice period, so please provide me with the notice letter format.

I have a question too. One of my friend's departments shut down, and she did not want to move to another department. Instead, she chose to resign from the organization. My question is, if she did not have to give any handover as the department closed down, does she still need to serve a notice as per company norms? Can this not be waived off?

Thank you.

There is always a clause that states if you do not serve the notice period, you have to compensate a particular amount. So, if you are okay with it, you may resign without completing the notice period.

Regards,
Mr. Apurva Singh

Can someone please answer the main question? The clause mentions that an employee can leave the organization prior to serving the notice period by paying the remaining month's salary, but "only under the discretion of the manager or management."

Employee Options in Ambiguous Contract Situations

What can an employee do when the contract is stated in such ambiguity, where a manager can either accept or reject the buyout option?

Steps When a Relieving Letter is Withheld

What should be done by an employee when the employer does not provide a relieving letter even if the employee is ready to pay for the buyout, but it is not accepted by the employer?

Check the State Shops and Establishment Act for information on the notice period and notice pay in lieu clause. If you have already completed that period, you are considered to have been relieved unless there is any pending disciplinary action against you. If your employer fails to provide you with a relieving letter, you can approach the inspector under the Shops and Establishment Act. Alternatively, you can file a civil suit requesting an interim mandatory injunction to compel the issuance of the relieving letter.

Thanks,
Sushil