Navigating Resignation: How Should My Son Handle Unfair Exit Demands from HR?

My son has been working in an IT firm for the last three and a half years. Due to immense work pressure and a poor work-life balance, he has submitted a 3-month notice to resign from the firm through email. The terms and conditions of the firm's appointment letter specifically state that for the termination of employment, both parties must give a 3-month notice or salary in lieu of the notice period.

After 15 days from the date of serving the notice, the HR manager orally asked my son to pay a significant amount and obtain clearance (NOC) from various departments so that he can be relieved. My son has questioned why he should pay the amount when he is willing to work for the remaining notice period. He also informed the HR manager to provide a written letter quoting the specific clause under which the administration wishes to terminate his service. Additionally, he stated that if they intend to terminate his service before the notice period, the firm must pay his salary for the remaining period.

Please advise.

Regards,
Rangachari.

What is the designation and work profile of your son? If the conditions of the appointment letter are not as per Employment Law, then it is void. You can discuss the problem at [Phone Number Removed For Privacy Reasons], Email: [Email Removed For Privacy Reasons]

Thanks & Regards

Sanjeev Kumar Baliyan
Advocate & Consultant
(Labour & Employment Law)

Notice Period and Termination Clause

Ideally, a notice of two or three calendar months is required by either side for discontinuing the service or payment of two or three months' salary, as applicable, in lieu of notice. No reason is assigned for such termination of service. It would be incorrect if the company is demanding money. Either your son should be fulfilling the said clause or your company. If the company insists, your son may be relieved immediately, but in such cases, the company can't claim the payment of the notice period salary. Make sure your son does not act on decisions orally imposed on him.

Thank you for your kind responses. My son is working as a programmer, with his work profile being an Android Developer. The clause of the agreement signed on appointment reads as follows: "Either party may terminate the employment by giving three months' notice or salary in lieu thereof." It was my son who gave 3 months' notice due to the prevailing poor work-life balance in the firm.

Fifteen days after giving notice, although my son is willing to complete the notice period, the HR is pressuring him by orally instructing him to surrender his ID card and not to turn up for work without properly relieving him by mail/letter. This way, they can claim that he has absented himself for the remaining notice period and thereby extort money. I also want to know if the firm can transfer my son during the notice period.

Gratefully yours,
Rangachari.