Navigating Notice Period Waiver Requests and Resignation Challenges in Employment

I am currently working in the grade of Assistant Manager at a private banking company. I recently received a better offer from a non-banking company, and they insist on a quick joining. I have already submitted my resignation at my current company and also requested a notice period waiver. My notice period at the current company is 90 days, and I have communicated to the authorities via email that I am ready to serve 50 days of notice period and I need a waiver for the remaining 40 days. I have also informed them that I am willing to compensate for the loss. However, the authorities have not considered my request.

At the same time, my new employer wants me to join as soon as possible and is willing to onboard me without a relieving order or experience certificate. If I fail to join the new company on time, they will withdraw the offer as they are in urgent need.

Please advise me on what to do in such a situation. I do not want to lose the new offer, and I also want to be relieved from my current company in a polite manner. Your suggestions would be greatly appreciated.

Thanks in advance.

You said in your words that they are ready to absorb without a relieving and experience letter. It is good for you. First, you should submit your resignation letter in written words and also by email to your officials. Clearly mention, with specific reasons, "I have decided to resign from my present job and I will serve a notice period of 50 days." After completing my notice period, please hand over my experience and relieving letter. If they do not do this, you may join another company by showing this letter. With this action, the existing company will not have to take legal actions.

Notice Period and Termination Clauses

The principle behind notice in the matter of sudden termination of employment, caused by either the employer or the employee in the contract of employment, is to give an opportunity to the other side to make alternative arrangements in respect of the void created by such a unilateral action. The insertion of an alternative clause facilitating payment of a certain amount for the notice period by the one initiating the process of termination to the other in lieu of notice is not only to deter the tendency for sudden termination but also to expedite it based on the urgency of the situation.

So, unless and otherwise the exhaustion of the notice period is essential and inevitable purely based on special and urgent organizational requirements, the employer cannot simply ignore the request of the employee for a waiver based on expediency. I would, therefore, second the suggestion of Santosh.

Regards

Dear Sir, I resigned from the company after completing 2 years of service. I never received my confirmation in writing or otherwise. In the meantime, I received another job offer and resigned with a 10-day notice period. As per the appointment letter, I need to serve a 30-day notice period before confirmation and 90 days after confirmation. I was willing to adjust my earned leave (i.e., 54 days) against my balance notice period of 20 days. However, to my surprise, the company issued me a recovery letter on the pretext that I was a confirmed employee with them (which was never informed to me before).

The company is not responding to my repeated queries and not sending my relieving, experience letter, and my balance full and final amount.

Kindly suggest what I should do.

Thanks and regards

If the company is not responding to your repeated queries and not sending your relieving & experience letter and balance of full & final amount, serve them with a lawyer's notice. Of course, the company can insist upon the need for you to pay the due salary first in lieu of the deficiency of the notice period before you claim the full & final amount.

Thank you, everyone, for your kind replies. One of them stated that I have not mentioned what my company's response is. My company is in a stand that they cannot approve the request for the reason that it's against organizational policy. However, contrary to that, one of my friends who resigned a couple of months ago was allowed to leave within a month. But they are now in a stand that a waiver can only be approved in extreme conditions like medical emergencies.

My main worry is that if I leave without their consent, it will be considered as absconding from services. Although it may not affect me when I move to the company I just received an offer from, I am afraid it may impact my future job changes. My present employer will not provide an experience certificate, so my hard work in my current organization will go unnoticed and unacknowledged.

I look forward to more of your valuable suggestions.

Regards

[QUOTE=umakanthan53;2264205]Dear Arvind,

Can you please post a copy of the notice conditions stipulated in your appointment orders or Company Staff Regulations?

Dear Sir,

"Waiver of the notice period, if any, will be at the discretion of the Reporting Authority/Business Head. In such an event, the basic salary equivalent of the notice period shortfall, if any, after adjusting with PL, SPL (if available) will be recovered from the employee."

Regards

Dear friend,

I believe the excerpt above pertains to the notice clause that empowers management to use its discretion regarding the waiver of the notice period. That's okay; my query is whether there is a specific clause that allows the employee to pay the required sum of money in lieu of notice in cases where serving the notice period is impossible.

[QUOTE=umakanthan53;2264252] I think that what is extracted above is the portion of the notice clause empowering the management to exercise its discretion in the matter of waiver of the notice period. That's okay; my question is whether there is any specific clause enabling the employee to pay the required sums of money in lieu of notice in case of impossibility of serving the notice period.

Employee Payment in Lieu of Notice

There is no such clause that enables the employee to pay the sum of money at the employee's discretion. Waiver, if any, can only be exercised by getting approval from authorities. In my case, my immediate reporting manager is comfortable relieving me on time. However, his superiors are not in favor of it.

Also, note that notice period waivers have been approved many times for many employees over the last few months. Local HR officials are saying that the organization has stopped giving waivers since last month, which sounded not convincing to me.

Regards

In career life, at times, one should be bold enough to make a decision befitting the present situation rather than being indecisive, anticipating some occasional blips in the future. You should not forget the fact that you want to leave the present organization just because of the presence of a better avenue, and your present organization tries to block it because you are an efficient employee to be retained. That's why the normal and ubiquitous practice of waiver of exit notice is made so complicated. When the reason shown by you for waiver is genuine, and you are prepared to abide by the compensation part of the condition, your present employer cannot do anything against you that will spoil your future. Just remit the entire amount due and simply walk away and join the new job. Simultaneously, send a legal notice also as suggested by Mr. Dhingra.

Dear Sir,

I am on notice period as per company policy. My notice period is 60 days. I have given them 37 days. I would like to adjust my privilege leave for the notice period, but my organization is saying that they don't have a HR policy to claim any leave during the notice period. They are asking me to buy 23 days. Please suggest if there is any legal law that allows us to fight the company for claiming leave during the notice period.

Dear Sir,

I am on notice period as per company policy. My notice period is 60 days, and I have given them 37 days. I would like to adjust my privilege leave for the notice period, but my organization is saying that they don't have an HR policy to claim any leave during the notice period. They are asking me to buy 23 days. Please suggest if there is any legal provision where we can challenge the company for claiming leave during the notice period.