Stuck in a Notice Period: How Can I Leave My Job Early for Family Reasons?

Hello, I am currently working at XYZ organization for 3 years. My offer letter states that I have to serve a 2-month notice period, and it is mandatory. There is no mention of whether I can buy out this period or not. Additionally, there is no mention of any potential actions that could be taken against me, such as revoking my relieving letter and experience certificate if I do not serve the full notice period. I have come across a good opportunity near my home. Moreover, due to my mother's medical condition, I need to be closer to home. However, upon resigning and offering a one-month notice period, they are not willing to relieve me. Please help.

Dear Friend,

When you are very clear about the offer letter, it is better to provide a two-month notice period for a smooth transition and relief. Best of luck.

There are times when you have to seize the opportunity. I am aware of the notice period requirement. I just want to explore options to be relieved without having to serve an additional month. I am willing to serve the standard one-month notice period, but I cannot extend it to two months due to personal circumstances at home.

In that case, please talk to the manager, as you have served well for the company and the compelling situation at home needs to be addressed. Certainly, they will accept. Of course, there are rare cases where you may need to escalate the issue to higher authorities by explaining the situation without undermining the first senior. Everything is in our approach... Best of luck.

Can anybody tell me if I can be relieved within a one-month notice period if anything is in my favor.

Hello Rhl.Shm,

I am not sure of your intent/logic of repeatedly asking 'if I can be relieved within one month notice period', when Gopinath Varahamurthi has already given you a way out. What are you expecting? You know the rules which you yourself have mentioned. And you also know that for any agreement...this or anything else...both sides have to have a mutual agreement. So unless you convince the management, how do you expect to get relieved in 1 month?

Also, please note that Notice Period Buyout not being mentioned doesn't affect your case in any way...for the simple reason that most organizations know that employees will begin to quote the rules when it suits them. The reason why the Buyout clause won't affect your case in any way is this: Such clauses are always followed by wordings like 'at the sole discretion of the Company/management'. So using such options will only be contingent to a mutual agreement rather than being enforced as a right.

You have only 2 options:

1] Serve the full NP & go smoothly with your Relieving Docs.
2] Talk to your bosses & convince them to relieve you early.

Though, technically, a III option exists, I wouldn't recommend it: Absconding. It will cost you much more in the long term.

All the best.

Rgds, TS

Dear Friend,

Serve the full notice period, or otherwise, you have to convince your management. Similarly, you can inform your new employer that you need to comply with the notice period formalities with your present employer and seek time to join them. Such action displays your genuineness, which may be rewarded by your new employer. Moreover, you will have time to assess the environment in which you are going to take on the new assignment. Please think twice and make a wise decision.

I have a question. My offer letter says that a notice period of two months is required. There is no mention of what consequences there are if it is not served fully. In my company's policy of separation, it states that any shortfall in the notice period, even if approved by the company, will be recovered from the full and final settlement. Any exception needs to be approved by management. Additionally, I have a serious family condition that requires me to be at home and look after a family member who is in critical condition and cannot be left alone. Being the only son, I need to fulfill my responsibility there too, and I have all the necessary medical proofs and cards from the last months stating the seriousness of the condition. Considering all these factors, can I mention a strong statement to request early relief, keeping in mind the offer policy and separation policy?

Just to add, I left the job offer yesterday because my company was not ready to relieve me in one month even though I told them about the conditions. So I had to let go of the offer.

I can visualize how you would be feeling... taking such a decision is surely NOT easy. Even though I had this option in mind, I didn't really mention it in my posting of 20 Aug 2015, since that would have sounded pessimistic from YOUR point of view. However, suggest being on the lookout for ANY changes in the treatment accorded to you in this present company... sometimes companies are known to ignore those who resigned and then stayed back - with actions ranging from giving good assignments to others, etc.

You shouldn't get disheartened IF such situations arise later. And IF they really do, make your next move MORE carefully, clearly, and with clarity - BOTH vis-a-vis your present company and the new company. It always pays to give a clear NP picture to the new company - IF you can manage early joining, that should be projected as a bonus, rather than make commitments over an aspect on which you have no real control.

All the best.

Regards,
TS

I talked to my manager today. He is saying that I have to gain the trust of my company again as I broke it by resigning. Now, to accept my withdrawal of resignation, they want me to sign a one-year moral agreement (which does not include any money) that I will not leave the organization for one year. If I leave, they will not relieve me, and also, no experience letter will be given.

I do not understand this because I was totally honest in telling them the truth. After realizing that I cannot leave without serving a two-month notice period as told by my manager, I withdrew my resignation. Now, are they punishing me for my honesty? Should I have taken a medical option or told some other lie to get relieved as my previous colleagues did? Is this right? If that is the case, a person would never be honest with any organization then.

I do not have any hesitation in signing the agreement for one year, but I have my conditions too. I want a raise or hike because if you need something from me, I should also get something in return.

Now, my question here is, do they have the right to expel me for this reason that I withdrew my resignation and am not ready to sign their moral agreement? I am sure that I am not going to sign until they give me a hike in salary, or they can simply accept my withdrawal.

Can anybody please seriously help me or give advice? I am really looking forward.

Thanks, TS, for your advice, but I think the real problem has started now.

The problem hasn't started now; it's just the consequence of the earlier step you took. If you were in your manager's position, what would you have done? I guess the same thing he is doing now, and almost for the same reasons, right?

Addressing Your Queries

Regarding the 1-year moral agreement, one year is not a significant period in the IT sector. Unless you have very specific reasons why you don't find this agreeable, just go with the tide.

As for your 'condition' about a salary hike/raise, I suggest not putting this as a sort of condition. At this point, you are in no position to impose any conditions. Ask your manager whether you would be eligible for any hikes during the year if your performance is good or better than it has been so far. Present it as if you are seeking clarification on this point, as you don't want any situation later where you are not given a raise due to this resignation issue. Ask what you want, but with a shift in the 'how.' Hope you get the point.

If possible, try to get this in writing (I know it could be tough) when HR accepts your resignation withdrawal. This is to preempt any future situation where your manager himself may leave the company, and HR may say they don't know anything about what he said regarding the hikes. If writing is not possible, then let this be discussed in front of the HR person.

But if you are asking for the raise now, I don't think that's realistic or fair. What you are doing now is correcting your mistake, not negotiating for a counter-offer.

Finally, regarding your remarks about being punished for being honest, I would still say, "Honesty is the Best Policy." Just keep it up; no one has ever regretted being honest in the long term.

All the Best.

Regards,
TS