Facing a 90-Day Notice Period at IBM: How Can I Navigate This Resignation Dilemma?

Hi,

I am working at IBM on a contract basis, and my payroll company is Net Connect India Pvt Ltd. I sent my resignation on 17th August 2016 to my IBM reporting manager, copying Net Connect HR. The official notice period is 30 days. However, my IBM manager is asking me to serve a 90-day notice period, and my payroll company has not yet accepted my resignation.

Kindly suggest how I should proceed further and what options I have.

Thanks,
Abhi

Notice Period and Resignation Process

If your appointment order states that the notice period is 30 days, you need to serve that period only because it is a mutual agreement between you and your employer. Once you submit your resignation and complete the required notice period, you are free to leave the company. Your employer is expected to release you on the specified day. They cannot alter the conditions after you have submitted your resignation.

Take a printout of the resignation email and send it with your signature to your employer via registered post with an acknowledgment card. Keep copies of these documents and details for your records.

Send a reminder 15 days before the relieving date, informing them that you have only 15 days left in the notice period and to identify the successor for handing over responsibilities. Do not request them to accept the resignation.

If they insist that you serve a 90-day notice period, disregard it and send another email a week before and a day before, then bid farewell to the company. You can pursue the dues and service certificate through legal channels. However, ensure you adhere to the terms of your initial appointment order.

You are an employee of Net Connect India Pvt Ltd, currently deputed to IBM on a contract basis. For all practical purposes, you are governed only by the terms and conditions of the contract of employment between your employer and yourself, not by the service regulations of IBM. Therefore, you should have submitted your resignation to NCIP with a copy to IBM.

However, this seems to be a procedural lapse on your part. I request NCIP to honor the notice period mentioned in your contract of employment, accept your resignation, and arrange for your relief precisely upon the expiry of the 30-day notice period by making suitable alternative arrangements for the IBM contract. Please ensure to mark a copy to IBM without fail.

Thank you.

Dear Abhi,

As you are on the payroll of Net Connect India Pvt Limited, you have to follow the terms and conditions mentioned in your appointment letter. Please go through your appointment letter and see if there is a 90-day clause or a 30-day clause for the notice period. If it's 90 days, you can opt for a buyout option, or your remaining PL (leaves) can be considered. Generally, contract employees or third-party payroll employees have only a 30-day notice period.