Is It Fair for My Company to Reject My Resignation Notice Before Contract Ends?

I have a 24-month agreement with the company, but I have completed 22 months and am giving them prior notice that I will be leaving this place after 2 months. However, they are not accepting it as I have not completed the full 24 months. They are saying that I should complete 24 months and then give a prior notice of 2 months. Is this fine? Please help me out on this.

Regards,
Deepak M A

As you mentioned, you have signed the 24-month Employment Agreement with that company. Under normal circumstances, it is both ethically and professionally wrong to submit your resignation and expect to be relieved before the completion of the period. You need to abide by the terms and conditions of the agreement.

However, in case of a genuine emergency or unavoidable circumstance where you need to quit early, discuss it with them and try to convince them that you will do your best to complete and hand over all the responsibilities assigned to you prior to your relieving.

Hi Team, I have a 24-month agreement with the company, but I have completed 22 months. I am giving them prior notice that I will be leaving this place after 2 months. However, they are not accepting it, as I have not completed the full 24 months. They are saying that I should complete the 24 months and then give a prior notice of 2 months. Is this fine? I will be completing the 24-month agreement before my last working day. Please help me out with this.

Regards,
Deepak M A

As you mentioned that you have a 24-month agreement with them, I would like to know what the agreement states regarding the notice period. How many months of notice period do you need to serve?

As pointed out by Mrugen Vyas, please refer to the termination clause of the agreement and state the exact wording of the clause to provide you with an appropriate view.

Termination Clause Details

If the clause states that the agreement is renewed for a further period with mutual consent, then you can simply send a letter stating your inconvenience for such renewal. If the clause states that the agreement can be terminated at any time with a 2-month notice period, then accordingly, you can give a notice of two months.

Understanding Employment Agreements

An agreement is a document executed by two or more parties, consenting to abide by certain terms and conditions. In the case of an employment agreement, it can be heavily loaded in favor of the employer. Therefore, most employment agreements do not withstand the scrutiny of labor laws in the country, and very often, courts of law do not accept such agreements.

Evaluating Your Agreement

Coming to your agreement, you mention that you have completed 22 of your 24 months in the company. At the end of 24 months, the agreement should naturally come to an end unless renewed by mutual consent. Does your agreement stipulate a notice period even after completing the 24 months? You have not mentioned anything about the terms in the agreement that would enable us to provide you with proper and correct advice.

To me, it appears that unless specified in the agreement, at the end of the 24 months, you can simply pack your bags and bid goodbye to the company. Don't forget to settle all dues and obtain a relieving letter. Best of luck!

Understanding Your Agreement and Notice Period

It is clear that in your agreement, you have to complete a total of 24 months. The key point is that you can give a two-month notice period, including your agreement period, or after that, you can only give a notice period if you want to leave. So, it's very simple; you just need to check the terms and conditions of your agreement to see what they have mentioned about renewal or notice period. This will give you a clear picture of this issue.

In my opinion, if a notice period is specified, then you must first complete your 24 months before putting in your notice for the following two months. Since 24 months is your agreement period, your notice will not be effective during that time. The rest depends on the relationship between you and your employer. If the relationship is good and your reason for leaving is unavoidable, you can discuss it with the relevant authority and try to convince them. Attempt to come to a resolution that aligns with your terms. If not, then through mutual agreement, try to shorten the notice period, and be cautious during discussions. Whatever is discussed, send it in an email for confirmation and approval. Alternatively, it is advisable to have a hard copy of any mutual agreement.

By following these steps, you can avoid any difficulties when obtaining your relieving or experience letter.

Regards

Well, it is clear that you have to complete 24 months of your agreement. The point is, you can give a two-month notice period, including your agreement period. After that, you can only give a notice period if you want to leave. So, it's very simple. Just check out the terms and conditions of your agreement to see what they have mentioned about renewal or notice period. You'll get a clear picture of this issue.

In my point of view, if the notice period is mentioned, then you have to first complete your 24 months, and then you can put in your notice period for the next two months. Because 24 months is your agreement period, so your notice will not work during that time period. Now, the rest is the relationship between you and your employer. If it is good and your reason to quit is unavoidable, then you can sit with the relevant authority and try to convince them. Try to settle down according to your terms. If not, then with mutual settlement, try to minimize the notice period and be careful about the discussion session. Whatever is discussed, just email them and get approval on that. Better yet, get a hard copy of that mutual settlement so that in the end, you won't face any difficulties in obtaining a relieving or experience letter.

If the agreement is for a specific period, i.e., 24 months, then giving notice after 24 months is not relevant because the agreement becomes null and void after the completion of the term. The termination clause is given and is applicable only if either party wants to terminate the agreement in between the term. In essence, the Notice Period is required if either party does not want to continue or move forward with the agreement.

Thanks for the knowledge, but what if it's already mentioned in the agreement about the notice period of 2 months, and the agreement is for 24 months? In this situation, will the notice time period be included or not? I simply shared my point of view that if it is mentioned in your agreement terms whether the notice period is excluding or including. We all know that the agreement will be null after completion.

Termination Clause and Agreement Term

Termination Clause and Agreement Term are two different clauses. The Termination Clause states terminating the agreement terms and conditions, whether they are payment-related, scope of work-related, or any other term. In such instances, the party (either) has to give a notice period to the other party so that necessary arrangements can be made.

Contract Termination Notice Period

Usually, after 24 months, the agreement will expire and will not be valid. Then, why is a further 2 months' notice required to terminate a contract that is already expired?

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Agreement Duration and Termination Notice

The agreement is for 24 months. By performance, it will come to an end by the 24th month. The option of renewing after the 24th month is with the employer, and you have the right to accept or reject it. The two months' notice period is a termination provision in case you want to resign prior to 24 months. As mentioned by you, there is no need for you to give a 2-month notice by the 22nd month. If you want to be doubly sure, you could have reminded them about the period being completed and your intention (if any) of renewal. The employer's logic of a 2 months' notice after 24 months is ridiculous. At the expiry of the 24th month, the relation between you and the employer ceases.

I completely agree with Cameo. As "An agreement is a document executed by two or more parties, consenting to abide by certain terms and conditions. If it is for a particular period, it cannot be renewed without mutual consent," no one can force you to stay with the organization after the completion of the contract period. So, simply hand over a plain letter to your HR Manager stating that you don't want to continue with the organization anymore. Do it in a healthy environment and get your experience letter issued.

Regards,
Dhananjay
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It is surprising to see many comments suggesting you serve notice AFTER the completion of the 24 months. They are ignorant of the fact that the contract becomes null and void and will not stand scrutiny of the law after the completion of 24 months. Once the validity of the contract is over, where is the question of serving the notice period? It would mean that you will be serving 26 months (including the notice period) instead of the contracted employment period of 24 months!

Check the Contract Clauses

First, check the clauses in the agreement. If it states that the contract is valid unless and until one of the parties to the agreement serves notice of termination to the other, in writing, 60 days in advance, then the whole scenario changes!