Facing Financial Strain: Can I Shorten My Notice Period Without Penalty?

Dear Sir, I seek your expert advice on the following matter. I have received a suitable job offer from another company and wish to resign from my current position. My notice period is 60 days, but I am only able to provide 15 days at most. I am eager to join the new company as soon as possible. In this scenario, what options does the company have? I have already informed my reporting manager about my decision to resign. While he may accept my resignation, is it possible for him to waive the notice period?

Reasons for Leaving

One of the primary reasons for my decision to leave is that my current company has not paid salaries to any employees for the past four months. It has become unsustainable for me to continue without receiving my salary. Several employees who have found new opportunities have already left. If I leave before the full notice period, will the company deduct the notice period amount from my pending salaries?

I want to emphasize that my intention to leave is not by choice but rather a necessity due to the financial situation at the company. The lack of assignments or active projects further supports my decision to move on.

I appreciate your guidance on this matter.

Sincerely, Regards

Dear Mr. Kumarga5,

Understanding Your Notice Period Situation

Regarding your situation, the employer seems to incur no loss if you do not serve the notice period. The notice period is only critical if the employer enforces completion of the entire period to obtain the relieving certificate. In other words, your management can acknowledge the resignation by accepting it since the company is already in a situation where they cannot afford the Full and Final (F&F) settlement.

Key Points to Consider

1. Yes, he will have no choice due to valid reasons to relieve you. Instead, you may request full and final payment if the employer insists on serving a compulsory notice period.

2. The employer must pay your salary – after all, it's your hard-earned money. If you choose to move on, it's understandable that your desire for a new job takes priority over the current one. Do not worry about your relieving process – nowadays, employers generally accept resignations initiated by employees.

3. No matter the reason, what matters is that you need a job, so stay focused.

Good Luck.......!!

You can go ahead with what Ms. Sharmila shared above. In addition to that, if you are worried about legal formalities, it purely depends on what is stated in the paper because everyone needs valid proof to justify themselves. If it's against you, then it's unfortunate. Please read the Offer Letter, Appointment Letter, or any Employment Agreement that is duly signed by you and your employer. If you have done so, thoroughly review it, and then you can rely on your own decision.

There is a possibility that if you didn't serve your notice period, you won't be fully rewarded, and you also won't receive the service certificate. However, in your case, since they haven't provided salary for the past 4 months, I don't think they would reward you even if you serve the notice period. Therefore, it's better to choose the right path and proceed accordingly.

All the best in your future endeavors. Cheers.

The advice given by the above members is sound. However, I would like to suggest that, due to your company failing to pay your salary for the last four months, you should submit a detailed letter to your company outlining the circumstances leading to your decision to quit the job. Request them to waive the 60-day notice period based on the company's failure to pay your salary for the past four months and ask for relief as soon as possible. Providing this kind of information to the company before leaving ahead of the notice period will certainly strengthen your case for relief and for taking on another assignment. This is in the interest of natural justice, and it also establishes a legal standing for you in the future.

It is always better to part ways with a company on good terms rather than making a unilateral decision without informing the employer.

Best of luck,

Suri Babu Komakula

Please cite the reasons for resignation as "Since I have not received my salary for the last four months, I am constrained to resign with immediate effect for my subsistence and existence. If you are married or have dependent parents, mention that you are the only breadwinner and without salary, existence itself is difficult. Under these circumstances, giving a 60-day notice is not possible when existence without salary is difficult for another 60 days."

Alternatively, if the company feels that a 60-day notice is a must, then my entire salary has to be released, failing which...

Conclude by stating "Under these circumstances, I request you to waive the notice period and relieve me immediately."

Dear Mr. Vivian Chandrasekhar, Citing any reasons for a resignation will serve no good to an abating company in paying him his salary. No company in its dwindling stage will even force any employee to serve notice. I can closely foresee that a simple resignation will suffice for Mr. Kumarga5's purpose and the company's enticement. Employers should also understand their dicey circumstances further, relieving employees of their documents. We shall await Mr. Kumarga5's retort on his view on acquainting this part.

I personally thank you all for the expert and helpful views shared with me. I have taken a stand and have submitted my resignation. I have requested to be relieved on the 31st as I wish to join the next company from the first day of the next fiscal year. I have had discussions with my reporting boss and, at least for now, he verbally supports my decision.

Resignation Letter

I have kept the resignation very simple, as mentioned in the text below:

"Dear Sir,

I am tendering my resignation from XXX Ltd. in my role as XXXXX with immediate effect. I wish to continue until the 31st of March 2013 and humbly seek acceptance of this resignation.

I am moving on to another organization, but I must mention that this is a purely personal decision due to my family requirements. I have had the support of all my seniors and colleagues, and except for the unforeseen circumstances, I deeply regret leaving the company.

I am confident that you will understand my situation and assist me in smoothly transitioning in my career.

Finally, I wish to assure you that I will be available to work with you in the future if the company deems me suitable for a role.

Kindly accept my resignation and instruct HR for my relieving.

Thanks & regards"

I will keep the group posted on this.

Thanks

Appreciate your decision. We at Cite forum definitely support the right views. The fact that you were facing tribulations with the employer not paying salary was definitely a BIG ISSUE. Consequently, your request for resignation acceptance from the employer is "WELL PUT UP," but make sure you get it before you exit. Also, a best practice is that many employees often ask their managers/bosses for a recommendation letter for future jobs. This not only helps to avoid any bad notes that the employer (if) likes to draw attention to but also shines a positive light.

On behalf of CiteHR, we wish you ALL THE BEST for your future endeavors.

Cheers...