Struggling with Notice Period Waiver: How to Handle HR's Relieving Letter Denial?

Dear Team,

My question is regarding the notice period waiver. I was working with a private bank, and my notice period was 90 days. I am in need of early relieving. I have already discussed this with my boss, and he has accepted my request for early relieving. However, the HR department is not providing me with the relieving letter and is claiming recovery against my notice period. I have all emails regarding the acceptance of my resignation, but they are denying it. I do not have the funds to pay for the recovery.

My only option seems to be taking legal action. Kindly assist me.

Regards,
Vaibhav

Kindly help to get relieving and FNF. I will not be able to pay the recovery. Please provide me with proper guidelines.

If your early resignation has been accepted and notice period has been waived in writing, then claim the full and final settlement from the company in writing. However, the content of your resignation as well as the acceptance of it need to be considered before proceeding ahead.

Yes, no definite suggestion is possible unless the communication regarding your offer of resignation and its acceptance is reviewed.

Did your boss specifically say that he will let you go early WITHOUT payment in lieu for not serving the notice period? Did you misunderstand his intention (i.e., that you can go but not that you do not have to pay in lieu of notice)? If you heard correctly, you need to get authorization from your boss to waive payment.

You do not have the money to pay the notice shortfall, but you have the money to fight this out as a legal case? Do you know how much time and money it actually needs to fight a case against a company? Do you have the time? Will your new employer be happy to give you time off to fight the case?

If the answer to the above is no, then you need to go and meet your former boss and take his help in resolving this matter as amicably as possible.

They need state head approval for notice period waiver, and I have only my boss's approval. Can I proceed legally?

Dear Vaibhav,

As told by Mr. Banerjee, it is not an easy path to take legal action against the company if your appointment letter states a 90-day notice period/pay, you are required to adhere to the same. You should confirm whether your boss, who approved the waiver of the notice period/pay, is authorized to do so. If he is not authorized, your legal battle will likely be a futile waste of time and money.

Do not assume that pursuing legal action is the only recourse to fight for your rights.

Thank you.

During the exit clearance process, I have obtained the necessary clearances, and my HR department informed me that I will be handling the payroll clearance on your behalf. They are claiming 63000/- for the notice period recovery. If a person is unable to pay, does that mean they cannot proceed further?

Yes, your HR is correct. If the state head's approval is needed for a waiver, then you should obtain it from the state head. Otherwise, you will need to pay the notice shortfall. There is no other way out....

Notice Period Waiver and Liability

Unless the notice period is formally approved by the competent authority in writing, mere approval for early relief from the post does not denote a waiver of the notice period pay. You have the liability to pay the notice period pay, which you cannot escape as per the terms of the appointment. Your assumption is correct that if a person is not able to pay, it means he could not do so. Rules and conditions are sacrosanct. There is no alternative except to get approval for a waiver of the notice period. Otherwise, pay the notice period or serve the due notice and work for the whole period of notice.

Legal Action Considerations

Regarding your question, "Can I go with legal action?" you can certainly pursue legal action, provided you have ample money, time, and energy to face the rigors of a court case. However, keep in mind that the company will cover all expenses and employ the best lawyers to fight the case. They may also be eligible to claim legal expenses from you if they win. Meanwhile, you will have to spend your own money, time, and energy. Despite this, you are likely to lose the case due to a violation of the terms and conditions of your appointment. Your boss cannot be considered competent to waive the conditions of your employment and termination/resignation.

Regards

In continuation of the above topic, if a company has clearly mentioned in the appointment letter that the notice period is one month, and during the appraisal, it provides in writing, along with the increment letter, that the notice period has been increased to three months, can this be challenged in court even if I accept the increment letter with the changed clause? My appointment letter only mentions one month.

Thanks,
Moushumi

If you have accepted the increment letter that says the notice period is increased to 3 months, then the new notice period will apply. Your appointment letter terms no longer apply.

Mr. Vaibhav,

Whether rated or unrated in the company, it is irrelevant to the terms and conditions of employment once you have resigned from the service. An unrated employee is not exempt from paying the notice period pay.