Is Your Company Forcing You to Serve a Notice Period Against Policy? Let's Discuss!

Dear All, My company is forcing me to serve a notice period, even though, as per the company's policies, it is not mandatory. The clause regarding this issue is as follows: "You or the company may terminate your employment with not less than one month's written notice or payment of CTC salary in lieu thereof. The party receiving the notice may waive or reduce the notice period."

I have already requested them for the one-month CTC, but they are not accepting the financial settlement. Please advise me.

Regards

Dear T.Fegade, kindly brief me about your resignation. Have you served your notice period or not? Please explain in regards to that. Are you working on a contract or during a probationary period? Kindly let me know what designation you are working in.

Regards.

Dear Ram, It's still in discussion with the current company, and they are not accepting the financial settlement as per the clause. I resigned on March 12, and the next company is asking me to join on April 2. I have tried my best to convince the new company to extend the period, but they are not ready to extend. As per my current company's policy, I can buy out the notice period, but they have rejected the same. Please advise.

Please approach your HR Department and discuss the clause of the notice period in your offer of employment. The reason for not relieving you may be due to the non-availability of a proper replacement. If they provide the same reason, you can refer someone who can perform like you.

Understanding the Notice Period

Normally, the notice period is required by the company to find a suitable replacement for the outgoing employee and for the employee to secure suitable employment in another company.

Regards

Whether you are on probation or a confirmed employee, I suggest the following:

1. It is advisable for you to make a smooth exit from your current employer, as the world is small and you may come in contact with any of them in the future.

2. What is the date provided by the new employer for accepting the offer and joining?

3. It is important to communicate with the new employer that there is a mandatory one-month notice period that you are required to serve. If you fail to serve the notice period and join the new employment, the existing employer retains the right to take legal action against the new employer.

4. I recommend discussing this situation with them and utilizing your negotiation skills.

Regards,
Siva

Dear T.Fegade, sorry for responding late as I was busy. Kindly try to follow Mr. Bhaskar and Shivakumar's advice; I hope things may work out. Kindly let us know the updates to help you out in the forefront.

Regards

I have already discussed with the new employer, and they are saying that they will provide reimbursement for the notice period, and you only have until 02 Apr to join, and no later.

Query Regarding Notice Period Clause

I have a query: the clause did not mention who has the right to decide the option of the notice period or salary in lieu thereof?

I have already requested the current company so many times, and they have declined, saying it is not acceptable. They will communicate with me on my last working day soon.

Regards

I submitted a notice period of 30 days in a written email. However, my company is not accepting my resignation and refuses to accept 2 months' basic pay from my side.

Notice Period Clause

In my appointment letter, it is stated that either party can terminate this employment by serving a notice period of 90 days on the other. However, if approved by the company, an associate may surrender leave to their credit or pay salary (basic) in lieu of the notice period.

Legal Actions and Obligations

Is it necessary to serve the full notice period? What legal actions can I take?

Thanks in advance!

Dear, Referring to the clause, "However, if approved by the company, an associate may surrender leave to his/her credit or pay salary (basic) in lieu of the notice period." It clearly states that payment in lieu of notice is allowed only if approved by the company. Since the company is not approving this in your case, there is no point in offering 2 months' salary. In this scenario, the law will favor them. Therefore, it is better to discuss this matter with them and try to resolve it through a request. Otherwise, you may need to continue with them until the completion of the full 3 months.