Facing a 90-Day Notice Period: Can I Legally Challenge My Bank's Decision for Early Relieving?

Respected seniors,

I am in a very bad situation. I work in the largest private sector bank by assets. As per my offer letter, I need to serve a 90-day notice period and should not join any competitive bank until 6 months after my resignation date. Any early relieving is subject to salary in lieu and is at the sole discretion of my bank.

I have received an offer from an MNC software consulting firm that deals with back-end banking operations. I have to join there in 60 days.

So my requirement is an early relieving of 30 days.

I have discussed the situation with my boss, super boss, and regional head. They have not denied me, but they have informed me that they will discuss with HR.

I have already submitted my resignation.

I drafted a formal resignation letter, mentioning my request and showing my willingness to hand over any assets, facilitate knowledge transfer, or resolve any dependencies my branch may have on me. I am also prepared to indemnify that I will not join any competitive bank and pay any sum equivalent to my gross salary for early relieving. While I may not be very profitable to the bank from a sales perspective, I express my gratitude for the knowledge I have gained. On humanitarian grounds, I request an early relieving to give a new direction to my career.

The HR did not respond to this email. However, after my discussion with my seniors, the HR informed me that there is a policy of 90 days that I must abide by.

I replied to that email, copying my zonal HR manager, stating that one person's decision cannot solely represent the bank's discretion, and I have complete faith in my bank and its policies. Subsequently, I received a call from my HR. She was very upset about the escalation, reprimanded me, and denied my request. She also sent an email stating that I was unprofessional, to which I clarified that it was a misinterpretation of my words.

My future employer is not willing to extend my joining date, and I am on the verge of unemployment.

I would like to ask you all: can one person's decision be deemed the bank's discretion? Can it be legally challenged? Is there any possibility of intervention? Please guide.

If there is a notice period of 90 days in your appointment letter, then you are bound to serve the notice period or pay in lieu of the notice period. It is, however, at the discretion of the management to relieve you early or not.

Regarding non-joining in a competitive bank, the clause has no legal validity. You may join a competitor bank on the very next day of your exit from the current company.

Considerations for Notice Period Negotiations

At the time of joining this company, you were very clear about the duration of the notice period. When negotiating with the new company, you should have discussed the 90-day notice period required by your current employer. Still, I think you should talk to the concerned people in your present company and request them to relieve you earlier, considering your future prospects.

Avoiding Confrontation and Legal Action

However, there is no sense in adopting a confrontational approach with your current company to solve this problem. You can always wait for the next good opportunity in the future. Seeking redress through legal means would only lead you to waste time, money, energy, and most importantly, your peace of mind.

All the best...

First Job Change Experience

To be very honest, it was my first experience with a job change. My future employer was ready for a buyout. The first question my HR asked me was if I was ready to join in a month, to which I agreed. It was the biggest mistake I made, and now I am suffering. I thought that paying my gross salary would be a good window to exit.

Medical Exigency and Legal Options

I just want to ask one thing: what can happen if I have a solid personal medical exigency that requires me to be on bed rest for 2 months? Can I send a legal notice to my manager and HR stating that I won't be able to serve the rest of the notice period? Or can I send that to my future employer for an extension? Or should I send it to both to maintain a status quo on both sides for clear background check results?

Handling Notice Period and Medical Leave

Even if you send a medical certificate citing that you are unable to work for the next two months, the current company may extend your notice period by a further two months due to your absence from illness. Sending a legal notice won't help much. Upon tendering your resignation, the company will decide whether to relieve you immediately, after serving notice, or by accepting notice pay.

It is better to explain the situation to the new company and convince them to give you an extension of two months so that you may have a smooth exit from your current company.

Company Policy and Manager's Agreement

I don’t think company policy is an issue. If your manager agrees to release you, no one can stop you. Kindly discuss with your boss or manager. If he says he has no problem, then you can tell HR to relieve you in 60 days, and you can grab a new job.

Steps to Take for Early Relieving

Take it in writing from your boss and pass it to HR (via email). Alternatively, talk to your new company to see whether they want a relieving letter or if a resignation letter is enough. If they don’t want a relieving letter, then you can join that company after completing your 60 days’ notice.

I hope this works for you. Good luck.

Approaching HR for a Notice Period Reduction

A 60-day notice period is a fair term. However, to reach an amicable solution, it might be beneficial to request your Head to accompany you to HR to explain your situation. The policy, ipso facto, can be relaxed on a case-by-case basis. You should also be prepared for a buyout of 30 days if it comes to the worst. Give it a try.

I don't know how crucial your bank service is to your career. If it's been running for years, it's worth the effort to obtain a clean chit from them with a very good remark. There's nothing wrong with also trying to obtain an extension from your MNC company. Hopefully, one of these options will work out. All the very best.

Dear Madam,

As discussed, I have resigned from my employer on 17-02-2017 and am constantly trying to get an early release. I have discussed my case with my branch head and my regional head. I have also discussed my case with my HR and even represented my case to my zonal HR head.

As per the last email communication from my HR, I have been denied early release, stating that there is a policy of serving a 90-day notice period, and I have to abide by it. As of now, my relieving date is 17-05-2017. They have also mentioned that they cannot relieve me because a replacement has not been arranged yet, and work is overloaded due to the March ending, which is a very crucial time for our banking industry.

Post that, I also made requests to my respective heads and received a recommendation from a very senior-level RBI officer, Mr. Xyz (General Manager, RBI Ahmedabad). They are of the opinion that it should work out during the first week of April once everything settles down.

I have consumed enough time for extending my confirmation, and you have been extremely supportive of all my requests.

I sincerely thank you for the cooperation.

I want to conclude that there is still hope that I get a positive reply, but my delay should not hamper your business requirements.

The situation is transparent, and the verdict is yours. I totally understand if there is a denial from your side for the delay in fulfilling my commitment, but at the same time, I would be very grateful if I still find the opportunity to work with XYZ.

This is my email to the HR of my future employer. Let's hope I can get an extension.