Resignation Dilemma: Can My Friend Leave Early Without Facing Consequences?

My friend works for one of the reputed financial MNCs. Last month, he submitted his resignation and is currently serving his notice period. According to the company policy, after resigning, an employee must serve for 3 months - 1 month is compulsory, and 2 months are negotiable.

From the date of his resignation until yesterday, there was no communication made to my friend. Suddenly, this morning, he received an email stating that he needs to serve all 3 months. This communication came 23 days after his resignation, and my friend has committed to joining his new job by the 1st of next month.

Questions Regarding Resignation and Notice Period

1. How important is it to have the NOC and other documents at the time of leaving the company?
2. Can the company blacklist my friend if he leaves on the day communicated in the resignation email?
3. What is the worst that can happen?

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Relieving and Negotiation

Relieving is required in most companies. Try to negotiate with both companies. Please refer to the termination clause and approach the Head of HR to resolve the matter amicably.

Positive Mindset

Last but not least, there is nothing worse to worry about. Always think positively to sort out the problem. No employer is the enemy of any employee.

Thank you, Saji sir, the second company is saying that they do not require any relieving letter from the first, and he can join. Now, sir, the question is if he again changes to a third company after some years, will that next company ask for the first company's relieving letter? If he can't produce it, what will their action be? Will this be considered a negative aspect?

First of all, please share with us how many years he has been working in that company?

Importance of NOC and Other Documents

The NOC and other documents are most important; even most of the reputed companies expect the said documents.

Management Decisions on Notice Period

It depends on the management's decision. The management may deduct the salary of 2 months in his full and final settlement in lieu of the balance 2 months of services on a negotiable basis.

Final Suggestion

The final simple suggestion is that kindly talk to the head of HR and solve the issues with him amicably.

He has served the company for close to 2.5 years. As I mentioned earlier, he was told that the final decision will be made by the Manager only. They cannot do anything in this regard.

Policy Details

Let me tell you more about the policy. There were no documents specifying that an employee must serve one month, and the rest of the two months can be negotiated. He obtained this information from his former colleague who no longer works in the company.

Regards

Working on Two Payrolls

If he is joining without being relieved, it means he is working on the payrolls of both organizations.

Pon

Do not leave the company without the relieving documents as he has served for 2.5 years. It would be better to explore the buyout option with the current company, which could be beneficial.

Regards,
Sr. HR

Hi, there was a typo in the previous post, and I meant to say, "Please ask your friend to get the documents from the company because it shows his professional experience."