Stuck in a 90-Day Notice Period: How Can I Leave Early When My Employer Won't Agree?

Notice Period Dilemma

I'm currently serving a 90-day notice period, but I want to be relieved earlier by 15 days, i.e., by serving a 75-day notice. I'm ready to pay the notice period amount, but my employer is not ready for that.

Terms and Conditions

The Terms and Conditions (T&C) in the offer letter state: 'This contract of employment between you and the company can be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. However, release from the company is subject to satisfactory handover of the responsibilities assigned to you.'

So, in this case, if the employer is not ready to release me before 90 days and is not accepting the notice period amount, what should I do? I have to join an overseas company and am not interested in a relieving letter.

Notice Period Dilemma

I'm currently serving a notice period which is for 90 days, but I want to get relieved earlier by 15 days, i.e., by serving a 75-day notice. I'm ready to pay the notice period amount, but my employer is not ready for that. The terms and conditions in the offer letter say, 'This contract of employment between you and the company can be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. However, release from the company is subject to satisfactory handover of the responsibilities assigned to you.'

So, in this case, if the employer is not ready to release before 90 days and not accepting to take back the notice period amount, what should I do? I have to join an overseas company and am not interested in obtaining a relieving letter.

Well, as you know, the employer is not ready to relieve you early, and the respective terms and conditions (highlighted above) also clearly state this. You have to complete your period. Could you share the reason for your resignation and why you can't complete your notice period of 90 days?

The option you have is to convince your immediate reporting manager/boss with valid reasons to relieve you earlier. Otherwise, you have no option and must complete your notice period gracefully.

As per the employment agreement, you can be released with a salary in lieu. You need to discuss this with your immediate superior and the HR department of your company. However, you must have genuine reasons for making such a request. Please explain your situation to them, and hopefully, they will understand and consider your request for early relieving.

Additionally, ensure that the charge handover is conducted in a positive and proper manner.

Regarding the relieving letter, it is your choice whether to take it or not, but I recommend that you obtain all relevant documents. You may not need them at the moment, but you might require them in the future.

Regards,
Prabhat

Notice Period Dilemma

I'm currently serving a 90-day notice period, but I want to be relieved earlier by 15 days, serving a 75-day notice instead. I am willing to pay the notice period amount, but my employer is not agreeable to that.

Terms and Conditions in the Offer Letter

"This contract of employment between you and the company can be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. However, release from the company is subject to satisfactory handover of the responsibilities assigned to you."

So, in this case, if the employer is not ready to release me before 90 days and is not accepting the notice period amount, what should I do? I need to join an overseas company and am not interested in a relieving letter.

As stated in your appointment letter, you cannot be relieved earlier if there is no proper handover of your tasks. When resigning, it is important to ensure that ongoing projects are not impacted. Proper handover is crucial, explaining all tasks to the replacement to ensure a smooth transition. In many IT companies, employees are not relieved even after serving their full notice period if their projects are ongoing. It is essential to fulfill your responsibilities and complete the work you initiated.

If you believe you have completed the handover, meet with HR and your supervisor to confirm if there are any pending tasks for you to follow up on, ensuring a smooth exit. If not, inquire if they can release you immediately in lieu of salary.

Hi, if you have the required relieving letter, you must go through the appointment letter. Then negotiate with the employer. If necessary, work with the employer part-time so that both of you are satisfied.

Regards,
Kanchan Sahu

All,

I'm currently serving a notice period which is for 90 days, but I want to get relieved earlier by 15 days, i.e., by serving a 75-day notice. I'm ready to pay the notice period amount, but my employer is not ready for that.

Terms and Conditions in the Offer Letter

The terms and conditions in the offer letter state: 'This contract of employment between you and the company can be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. However, release from the company is subject to satisfactory handover of the responsibilities assigned to you.'

So, in this case, if the employer is not ready to release me before 90 days and not accepting to take back the notice period amount, what should I do? I have to join an overseas company and am not interested in a relieving letter.

The terms of your appointment are very clear. You have the option of giving 3 months' notice or compensation of 3 months' salary in lieu of notice. There is an implicit agreement that either of the options can be exercised by both you and the employer. You do not need a relieving order since you are going abroad. Take an acknowledgment in your letter of resignation. In case they do not give acknowledgment, then send them an email stating that you are invoking the clause of the terms of appointment and ask them to make arrangements to take charge of your duties. This will absolve you of any accusation that you have not handed over charge. If they do not make arrangements, then just leave after 15 days and send them an email stating that you have given them notice to make arrangements to take charge, but since they have not done so, you have no other option but to leave by invoking the terms of appointment. In the email, also send an attachment with details of inventory and where it is kept along with the documents.

No one can prosecute you. It's not always that employees have to be fair; employers also have to be fair. If the employer cannot understand that you have an opportunity to go abroad and settle down well in your career, then they do not deserve you. Alternatively, they must be able to give you a similar career option, which they are not or cannot.

So, don't worry, just go ahead. Heavens are not going to fall. No one is indispensable. They will find someone. After a couple of years, your managers will change their jobs and 3 years down the line, they will forget you. Life moves on. So just go abroad and enjoy yourself. Don't carry the baggage of what your current employer thinks. All the best.

I have to go abroad and join a company by mid-April, else I'll lose that job. So, I'm asking my managers to relieve me early by taking 15 days' salary as part of the shortfall in the notice period. I have also clearly told them to assign a resource so that I can start the knowledge transfer. However, they are ignoring my emails and not responding.

Should I Walk Out Without Formal Release?

My question is, should I tell them that I will walk out of the company on a particular date if not relieved formally and mention that they are not acting as per the terms and conditions of the appointment letter? Do I need to send a notice through a lawyer?

Well, as you know, the employer is not ready to relieve you early, and the respective T&C (highlighted above) also clearly states that you have to complete your period. Could you please share the reason for your resignation and why you can't complete your notice period of 90 days?

The option you have is to convince your immediate reporting manager/boss with valid reasons to release you earlier. Otherwise, you have no choice but to complete your notice period gracefully.

The reason for my resignation is to go abroad for a better job. I believe you may have misunderstood the T&C provided by me. If you are stating that the T&C clearly requires me to serve 90 days, please clarify.

Hi Anil, please also look at the other members' replies. They are mentioning that the employer has to agree to the Notice period buyout as per the T&C, but you insist that I have to serve a 90-day notice period.

Seeking Early Relieving: Navigating Notice Period Challenges

I have to go abroad and join a company by mid-April, or else I will lose that job. So, I am asking my managers to relieve me early by taking 15 days' salary as part of the shortfall in the notice period. I have also clearly told them to assign a resource so that I can start the knowledge transfer. However, they are ignoring my emails and not responding.

Should I Take Legal Action?

My question is, should I tell them that I will walk out of the company on a particular date if not formally relieved and mention that they are not acting as per the terms and conditions of the appointment letter? Do I need to send a notice through a lawyer?

In this case, a company cannot restrict an employee from pursuing a better opportunity.

Steps to Take for Early Relieving

One thing you can do is to register your resignation via AD, with a copy of your ticket attached, clearly stating the last day you wish to work. Also, mention that you are willing to cooperate in every way, but the 15 days' early relieving that you are requesting is for a better growth opportunity abroad, which you might not get in the future. Additionally, state that you are prepared to compensate for the 15 days' notice period by paying the equivalent salary.

Register this via AD and see what response you receive. Given the short timeframe, you may also consider meeting a labor commissioner or advocate to provide a brief explanation of the urgency of the situation.

I believe that senior management would be in a better position to guide you on this, as I am too inexperienced in labor issues.

All the best 

Frankly, you may not like this, but nevertheless, it needs to be highlighted/elaborated. You very well know that your notice period is 90 days right from the day you joined this company. Then on what basis, in the first place, did you attend the interview and give your acceptance to join by April 15th? Was it that you assumed it wouldn't be a problem or could be 'managed,' or any other reason?

Throughout your many clarification postings in this thread, you haven't mentioned from when you have been working in this company. Please confirm the duration.

The fact that your HR isn't willing to listen to your request to get relieved earlier [despite your offer to complete the KT by April 15th] means that there's something that either you missed out on or you haven't mentioned the full details here, or something happened due to which they are taking such a stand. The members need to know the full facts of the case to give well-informed and realistic suggestions.

Regarding your disinterest in the relieving letter and other experience docs from this company, as some members mentioned, it is never desirable to leave gaps in one's career except for verifiable medical reasons. Like the saying goes: 'The world's a small place.' You never know when you may need the docs, and it's next to impossible to get them at that point in time.

As for the issue of 'whether' the company can do anything if you just vanish, it all depends on your relationship with them until now. If you go through this very forum, you will find many threads of similar situations where members found themselves in a sticky situation after taking such half-thought steps. Again, like the saying goes: 'Act in haste, repent at leisure.'

With respect to the comments/remarks of Anil Arora, Prabhat, Ankita Shah, and others, please understand that the intent of the members is only to guide you for the better in the long term, not to give advice that you want to hear. But at the end of the day, it's your career.

As other members suggested, please sit down with your reporting manager and HR and sort it out.

As I mentioned above, there does seem to be something missing in the whole scenario you explained. If you can provide the complete details of your track record in this company, the members may be able to suggest better.

All the best.

Regards,
TS

I gave an approximate joining date to my future employer, hoping for an early release with a notice period buyout option based on the terms and conditions of the offer letter and also based on past experiences of seeing others being relieved early in this company. I have been working with this company for 1 year. Even the employer is not providing any reason why they are not ready to relieve me before completing the notice period. I have asked them to let me know of any resources so that I can start knowledge transfer; however, they are not responding to this email.

Regards

Hello Shwetb,

Your Points (1) & (3) were clearly articulated in your earlier clarification postings. In fact, they were the reasons that prompted me to mention, "...something happened due to which they are taking such a stand."

Regarding your Point (4), it is evident that they wouldn't identify anyone for the KT when the 'in-principle' decision seems to have been made not to relax the rules for you.

Also, regarding your point (1), "...based on the past experience of seeing others getting relieved early in this company...", it should have given you some indication that 'something' has surely gone wrong. When it was done for others, why not for you?

It may not be practical for any CiteHR member in this forum to provide the reasons since this involves discussing with the concerned people in the company, which only you can do.

One reason could be your short tenure—1 year—in this company.

You haven't mentioned anything about your experience/designation level—sometimes they do matter during resignation/relieving processes.

Also, it could be linked to your project completion and/or criticality.

The possibilities could be many.

That was the reason for the suggestion to sit and discuss...not in a 'demanding' tone [if you know what I mean], but in an 'inquiring' tone. Once you get to know the actual reasons, then the solution(s) can be found out.

All the best.

Regards,
TS

I fully agree with the opinion of Anonymous at #7, which is reproduced below:

"The terms of your appointment are very clear. You have a 3-month notice period or compensation of 3 months' salary in lieu of notice. There is an implicit agreement that either of the options can be exercised by both you and the employer. You do not need a relieving order since you are going abroad. Take an acknowledgment in your letter of resignation. In case they do not give acknowledgment, then send them an email stating that you are invoking the clause of the terms of appointment and ask them to make arrangements to take charge of your duties. This will absolve you of any accusation that you have not handed over charge. If they do not make arrangements, then just leave after 15 days and send them a mail stating that you have given notice to make arrangements to take charge, but since they have not done so, you have no other option but to leave by invoking the terms of appointment. In the email, also send an attachment with details of inventory and where it is kept along with the documents.

No one can prosecute you. It's not always that employees have to be fair. Employers also have to be fair. If the employer cannot understand that you have an opportunity to go abroad and settle down well in your career, then they do not deserve you. Alternatively, they must be able to give you a similar career option, which they are not or cannot.

So, don't worry, just go ahead. Heavens are not going to fall. No one is indispensable. They will find someone. After a couple of years, your managers will change their jobs, and 3 years down the line, they will forget you. Life moves on. So just go abroad and enjoy yourself. Don't carry the baggage of what your current employer thinks. All the best."

Attribution: https://www.citehr.com/454362-employ...#ixzz2O21Gq5fw

Besides the above, I wish to add the following:

Notice Period Provisions

There is a clear provision about the notice: "can be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof."

So it can be either on the basis of time and continuity till the specified period OR notice pay in lieu.

One is free to choose either. Anything else can be only through mutual agreement. ELSE it is exploitation or victimization.

When you are willing to pay notice pay—as in the agreement (T & C); should the company force you to stay and lose a good opportunity as well as financial rewards?

Is there any emotional contract/binding involved like the one we have with our parents, children, or spouse?

Has the company ever done an act of kindness or compassion beyond company rules to you?

(For example, like the Tatas did for their employees who were caught in the 9/11 holocaust in Mumbai).

If you lose this chance, will the company compensate it? If not in terms of money, at least in terms of praise, courtesy, respect, recognition?

Imagine if the company wanted to get rid of you. Would it wait to let you work for 3 months?

Would not the company give you notice pay and ask you to move the very next day?

In fact, in many cases, the companies do not even give the Notice Pay graciously, as the members are fully aware, and we keep coming across such cases every day.

If you feel the answer to any of the above questions is YES, you may choose to stay at your own peril; else just go ahead; in any case, you do not need the releasing certificates, etc.

If anyone finds my views politically incorrect, but then it is meant for politicians, not for people in other professions. Adopting such attitudes has only resulted in dilution and unprofessional actions with wider evil ramifications.

Warm regards.

Thank you, Rajkumar, for your suggestions. One thing I want to mention here is that I haven't yet involved HR in this case, and also the concerned BU HR is not in the same place as I am. HR is in Mumbai, and I'm in Bangalore. Up until now, I've been talking to and emailing only with my managers. I have three more weeks' time, so I will bring HR into this issue and decide on the next course of action, following your suggestions. My designation is a technical lead in this company.

Till now, they have released some employees early without asking for notice period pay. This may be because they all provided personal reasons such as "I'm joining my spouse who is relocating to another city" or "my father is seriously ill," etc. However, they have discovered that I don't have a personal reason and I'm joining another company.

Additionally, this company rewards those who join early by paying for the notice period and reimbursing that amount, along with providing an early joining bonus. Such practices are unfair for the employees, and unfortunately, this is the reality for those of us working in the Indian IT industry.