Navigating Notice Periods: Can I Shorten Mine Without Approval and Still Get My Relieving Letter?

Notice Period Query

I have a query about serving the notice period.

Following is the written HR policy mentioned in my appointment letter:

Notice Period Policy

- If at any time you decide to leave the services of the Company, you will be required to give at least one month's notice in writing.
- After the submission of the resignation letter, you may opt for early release. Instead of serving the entire notice period, this can only be done with written approval from the Concerned Head.
- In such an event, the payment in lieu (last base salary) will be deducted from the dues.
- The Company can also terminate your services by giving one month's notice or payment in lieu (last base salary).

HR Manual Documentation

- The manager can decide the last working day of the employee and communicate the same to him, with a cc to HR.
- In case the employee does not serve the complete notice period, there would be PL balance adjustment for the number of unserved days.
- In case of insufficient PLs, payment in lieu deduction would take place in the final settlement.

Hypothetical Situation

I decide to give a written resignation on the last date of the month (once the salary for that month is credited). By policy, I should serve one month's notice. But I want to serve only a week's notice. Can I ask for the adjustment of PLs even if there is no approval from the Concerned Head? I have heard that an employee at times needs to pay a sum for which he/she has not served the notice period, but nowhere in the HR policy is that clause mentioned.

The work environment is very demanding in my organization, and one has to work for long hours on a daily basis (10 to 14 hours on average). Am I compelled to work that way during my notice period, or can I leave as per official timings?

I definitely need the relieving letter from the current organization.

Please guide.

Regards

Understanding Notice Period Adjustments

What I gather from your appointment letter clause is: If you do not want to serve the notice period, your concerned head has to give their consent. However, if there is a balance in PL, this can be adjusted to relieve an employee earlier. For example, if you resign on the 30th of a month (last day), you are to be relieved at the end of the following month if you serve the entire notice period.

Let's say at the time of resignation you had accrued PL of 10 days. Then you are liable to be relieved ten days earlier than the scheduled relieving date since they will adjust your PL in the notice period.

Now, let's say your supervisor consents to relieve you after 15 days (and you agree to opt for pay deduction for 15 days' notice period not served), you can get your PL of 10 days adjusted against your payment of the notice period not served. This means you pay the balance of 30 - 10 (PL) - 15 (days worked during notice) = 5 days.

Now, let's say you want to be relieved on the 5th of the following month, which means you are not serving the notice period for 25 days for which you are liable to reimburse the company. In this case, your 10 days PL will be adjusted, and you have to pay only for the balance of 15 days (25 - 10). Of course, the written consent of your department head is a must as per your letter to arrive at a last working day under all cases.

Alternatively, you can choose to stick to the normal relieving dates and claim encashment in lieu of unutilized PL in your F&F settlement.

Hope this helps.

Query on Notice Period Adjustment and Working Hours

Consider that I have 20 days of PL which have not been utilized. My department head has not approved my early release. Can I then insist the company adjust the notice period for 20 days?

In the worst-case scenario where the department head has not approved early release, and I opt to buy out the entire 30-day notice period, will it have any impact on receiving the relieving letter?

Working Hours During Notice Period

Secondly, is the employee expected to work long hours, for example, 10+ hours, even during the notice period? Can I decline the extra work by stating that I will work only during official hours or at most an additional one to one and a half hours? Will this decision have any repercussions on the relieving letter?

Your inputs will be highly appreciated.

Early Exit and Notice Period Considerations

For an early exit to be possible, the first and foremost criterion is for the Department Head to relieve you before the expiry of the notice period. If they don't, I am afraid you will have to serve the entire notice period, and your PL will be paid along with the F&F settlement.

Maintaining Positive Relations

As for long hours of work, it is always advisable to end things on a positive note rather than a negative one. You never know when you might need your present employer's help in the future. Close your eyes, have patience, and refrain from doing anything that could jeopardize your chances of receiving a favorable report from your current employer. Any reservations you may currently have about your employer or work conditions will likely fade with time, and you will feel more at ease. Remember, time is the greatest healer.

All the best.