Navigating Service Agreements: Can My Notice Period Overlap with the Minimum Service Requirement?

Could anyone please advise on the following?

I went onsite to serve my client for 1 year and came back this August. As per the agreement, I have to serve my company for a minimum period of 6 months. It has been almost 3 months since I returned to India, and the notice period as per company policy is 3 months. Now, I am planning to leave this company due to personal matters that need to be settled in my hometown.

I am ready to serve the 3-month notice period. My query is: Will this notice period be added to the minimum service period as per the agreement? Or do I need to serve a minimum of 6 months and then an additional 3-month notice period (totaling 9 months)?

Is it acceptable if my notice period overlaps with the 6-month minimum service period?

Below are the points of concern in the agreement. Point 6 states to serve a minimum of 6 months, and point 8 states: "(c) fails to serve the Employer for the period specified. In addition to this, the Employee is also governed by the three months' notice period as per Company policy."

Regards

The Point 8(c) of the Agreement you mentioned is clear on the query you raised—the key words being "In addition to this." Why did you have doubts when it's so clearly mentioned?

Regards,
TS

It means you cannot resign from the company before 6 months, and the notice period will only be effective after the completion of 6 months. So, in total, 9 months is the minimum work period, including notice. Mr. Tajsateesh has easily clarified this point for you.

My manager has requested that I serve 3 more months onsite. When I return to India, I have to serve 6 months. If I plan to resign, he will adjust that 3 months so that I only need to serve 3 months.

Moreover, point 6 states, "Minimum service period is 6 months." If I serve a 3-month notice, it will become 6 months. I have checked with many of my friends, and everyone says that even if you serve 6 months, you cannot simply leave the organization. You have to serve a 3-month notice whether it is before or after the 6 months.

Understanding Notice Period and Minimum Service Requirements

This is not really an issue at all; indeed, to be frank, it is a very simple matter. As per the agreement, your explanation does not suit this case. However, as I already mentioned, it's a trifling case. You should serve a notice now; if your manager accepts it, then there is nothing to worry about. If your manager does not accept your notice, send him a 6-month notice period; a minimum of 3 months is mandatory. Who says you should not serve notice for 6 months? Request your manager to relieve you as soon as possible.

Try to complete the work assigned to you as early as possible so that you can request your manager. After all, you cannot leave the company abruptly; one of the purposes of notice itself is to avoid the abrupt disposal of work.

Before listening to your friends, read their agreement. If those mention the terms "in addition to."

For your information, Clause 6 has to be read with other clauses of the agreement under the law; it does not hold good alone.