Is Serving Your Notice Period Always Mandatory When Leaving a Job? Let's Discuss!

Is it Compulsory to Serve the Notice Period When Leaving an Organization?

It is essential to understand the terms of your employment contract regarding the notice period when deciding to leave an organization. In most cases, employees are required to serve the notice period as specified in their contract. Failing to do so could have consequences such as financial penalties or a negative impact on your professional reputation. However, some organizations may allow employees to negotiate an early exit or waive the notice period under certain circumstances. It is advisable to communicate openly with your employer and seek clarity on the expectations before making any decisions regarding the notice period.

Ethically, you should serve the notice period. If you are bound by a bond, then you are legally compelled to serve the notice period as well. Not doing so may also have negative implications for your career, as you may not receive an experience or relieving letter.

Regards

Only casual or daily-paid employees do not need to serve any notice period. This query lacks merit. When a person is holding a responsible position, how can the person leave as per the individual's wish?

Regards,
Pon

Yes, it is compulsory. If your appointment letter includes a clause regarding the notice period, you must serve a proper notice of resignation when you decide to leave the job. You also have to work during the notice period with the organization and properly hand over the charge of your job, files, records, etc., to a person recommended by your boss or directly to your boss. You may also get some ideas from your HR about your settlement, PF formalities, etc., during this period. On the last day of your notice period, the company will relieve you from your duties.

If you need to quit the job earlier, you may include such a request in your notice of resignation, stating, "I would be thankful if management relieves me earlier than the committed notice period of one month, and I will not claim any salary/pay for the days for which I am relieved early."

An employee submits their resignation, giving the required notice, which has also been accepted by the company. However, during the notice period, the employee fails to report to duty. What should be done in this situation?

He has to serve the notice period or pay the wages in lieu of the notice period if he does not work for the notice period. This is the rule.

This notice period to serve in the company is always an eyewash. Otherwise, we have seen certain companies remove their employees, who are mostly on-site workers, with just one day's notice. Also, in many places, HR plays a tricky policy to remove the company's employees. There is no hard and fast rule in this process, and as one of my legal friends said on this portal, none of the hiring agreements legally make any sense due to the lack of registration of the agreement with proper judicial charges under the Law of the Land.

I would like to request your comments on this matter, if any.

Regards,
R

It depends on the company and its rules. If your offer letter or the standing orders of the company state that you have to serve a notice period, it is always better to adhere to the notice period and enable your company to find a replacement for you. Most companies do not strictly enforce this policy. So, if you wish to leave early, just keep your HR department informed and complete all formalities, including obtaining your relieving letter. Nowadays, many companies conduct background checks with your previous employer. It is advisable to serve the notice period or complete all formalities to avoid any potential issues in your new role.

The need for serving a notice period depends upon the employment contract with the organization. In most companies, it is written for the benefit of both the employer and the employee. This means that the employee may leave by paying the notice period for the remaining days, and the organization may also ask them to leave after paying the agreed notice period amount. However, it is expected from a professional to ensure that their immediate exit should not hamper the organization's work.

In case of conflict, organizations usually do not issue a relieving certificate unless someone serves their notice period.