How to Handle a 3-Month Notice Period When Your Employer Won't Budge?

Seeking Advice on Notice Period Waiver

In my appointment letter, it's mentioned that the notice period is 3 months, and it is the sole discretion of the company to waive it in full or half, with or without payout for short notice. Now, if I want to resign with a short notice period, say 30 days or 60 days, and if the company does not agree to waive the notice even with a payout for short notice, what are the options for me? In the recent past, the company has not allowed anyone to be relieved with a short notice period. They are not providing a relieving letter; instead, they report the employee as absconded or terminate them, even though the employee resigned properly but with a short notice period.

Understanding Appointment Letters and Notice Periods

The appointment letter is a contract between the employer and the employee. The terms and conditions mentioned in the appointment letter often favor the employer. Therefore, these may not withstand scrutiny under the Indian Contract Act, 1872. Nevertheless, some aggrieved employees need to raise this issue. To do this, they should send a lawyer's notice. If not, former employees who gave a short notice and were declared absconded should have at least approached the labor office of the area where the company is located. The labor officer could have issued a notice to the employer. Employees often do not pursue this matter because employers in India are influential, and challenging them requires courage. A prominent example is Dr. Vijay Mallya, who managed to evade paying wages to his employees, which speaks volumes.

Steps to Take After Resignation

Have you resigned from your job? Do you have a new job offer? If yes, then submit a formal application to the Managing Director (MD) regarding the unequal or one-sided conditions of employment. If he or she does not respond favorably, then approach the Labor Officer.

Thanks,

Dinesh Divekar

There is nothing in the contract act that says contracts have to be even-sided and fair. So, I do not think the appointment letter clauses can be shut down on grounds of being unfair. Discuss this with your manager and see what can be done. There is no recourse.

Unfortunately, you are stuck with the problem. The only way out (if at all) is to request and convince your manager to accept short notice. There may be a legal way out, but how far you can prove anything is open to doubt because you have voluntarily accepted to join the company. The company did not force you at gunpoint to sign the agreement or accept the job offer with such conditions for exit.

The contract concedes the discretion to waive the notice period to the employer only. You have agreed to it, and now there is little that can be done from the point of law. However, it is not necessary that every problem shall be solved through jurisprudence. Problems can be resolved through ordinary prudence, such as good liaison, tact, and persuasion, etc.

B. Saikumar