Stuck in a Notice Period Dilemma: How Can I Legally Handle My 3-Month Notice Requirement?

Hi,

Please suggest. I am working with a big MNC. In my appointment letter, the notice period is 3 months, and I resigned on 01.12.2017 with one month's notice period. I did so because I got a good opportunity with another company. Now HR and my line manager are forcing me to serve the full notice period of 3 months, which I cannot do as I have to join the other company. My old company is not issuing my relieving certificate. Kindly suggest what I could do - what legal recourse do I have?

You have clearly mentioned that the offer letter has a 3-month notice period, and obviously, HR will have a signed copy of your offer letter which includes the notice period clause.

Also, you mentioned that you have resigned with a 1-month notice period. Who agreed to the 1-month notice? Do you have any email confirmation for the 1-month notice acceptance along with your last date of work? How long have you been working in this company?

Legal considerations and alternatives

For any legal action, documents play a significant role in your case. The offer letter clearly states the 3-month notice period. As an alternative, have you considered the notice buy-out option? This would entail working for 1 month and paying the amount for a 2-month notice period.

Indian management is very stringent when it comes to notice period negotiations. Exceptions are taken as examples by other employees as well. The only thing you can try is to convince your manager and HR or ask for a notice buy-out.

I am sorry to share my views here. As an employee, you should have been aware of your notice period through the offer letter. Three months' notice is very common these days, and new employers are accepting this. You should have been very careful. Also, explain the situation to the new employer and ask if they are okay with extending your joining date.

Seniors here can correct me if I am wrong in my views.

Regards,
Thiyagu

I am in discussion with HR. She is saying that you need to serve 3 months, and I said that I have already worked for 1 month. For the remaining 2 months, I will pay as per the company policy.

Please suggest what to do now.

Working in the same place for 3.5 years, but it feels like coercion. I have signed an appointment letter but have not signed any bond. Things should be acceptable if both parties agree; they cannot force me. This could be a breach of the Indian Contract Act 1872.

Please suggest.

To be honest, more than HR, it's the management (your manager, your second-level manager's decision) that matters. If your manager agrees to relieve you in 1 month, then HR will not have any problem at all. As your manager is already aware of this, try to ask the reason for not relieving you, and if possible, please contact your second-level manager.

You have served 3-plus years, and I hope they will be able to support you, provided you have proved your worth. It's all about understanding and how you both deal with this. Please be humble and try to politely and professionally explain your situation and try to understand their situation. You both have to bring out the possibilities and issues and then draw a solution that is a win-win for both.

Take time, think from their point of view, convince them, and win them.

My best wishes to you!

Hi,

My manager is the only reason why I am leaving. I know he will not support me in this decision. What can be the next step? Because I clearly mentioned two times in the email that I cannot continue with my service after one month.

As far as I know, the only available option is to take it to senior management. Either your second-level manager or MD; you should know who's higher in the hierarchy. If they have a different view, they may allow you to leave as you wish. So please try this.

From a legal point of view, the notice of 3 months is already there in the contract, and you are not leaving due to any emergency or medical reasons. You are just joining a new employer. So, try your luck.

Furthermore, moving legally won't yield any better results considering the information you have shared here.

Seniors here, please share your thoughts on this.

Regards,
Thiyagu

Hi,

As per company norms, if your notice period is 3 months and it is documented, then you have to serve the full notice period. Alternatively, you should discuss with your line manager and HR. If you have a good relationship with your line manager or reporting manager, he/she can help you get your relieving letter. Otherwise, if there is a buyout option available, you can opt for that to reduce the remaining time.

Thanks

I am in discussion with HR. She is saying that you need to serve 3 months, and I said that I already worked for 1 month. For the remaining 2 months, I will pay as per company policy.

Please suggest what to do.

The changing role of HR in companies

Nowadays, companies do not have any norms; the only norm, target, vision, and mission, etc., is profit. In this forum itself, I have found almost one such issue every third day coming up where HR behaves as if they are police officers following the orders of their masters. The "Human" in "HR" has no value if it does not suit them.

Since HR is now aligned with business (not with humans), do not expect any consideration or help from them. An appointment order is issued by HR only and accepted by the employee. The appointment order is supposed to be a sacrosanct document.

The management which signs and issues this document does not maintain its sanctity. It's just a piece of paper if it does not support their motive. Every appointment letter has an exit clause which contains the provision either to serve or to pay the notice period if unable to serve.

If you have been communicated the acceptance of your resignation by the company, then write an email to your CEO with copies to your HoD and HR. Quote the provision of the exit clause and also mention that you are following the contract of employment issued by the company.

Be ready to get a negative report in the background check in the future.

Warm Regards,

Bharat Gera
HR Consultant
[Phone Number Removed For Privacy-Reasons]

Sir, what could be the solution as I communicate that I am unable to serve and ready to pay as per company policy. I have signed an appointment letter, not any bond. Thing can continue if both parties are ready and not to force each other. It's like force, which is a breach of the Contract Act. Please suggest.

Please suggest, can management enforce any compliance during the notice period? Because there is a conflict between me and my manager, and the whole company has become aware of this. Please suggest.

I feel sorry about your situation. It is a well-known fact that if there is a conflict between the employee and the manager, the manager will use his/her authority to hurt or take revenge on the employees. This is really a cultural problem, and there should be an open-door policy where you can contact higher hierarchy to sort it out. These are organizational issues.

Now, for your issue, apart from the legal side (as I see less chance that your appointment has the details of a 3-month notice and you signed it), the only option available as far as I am concerned is to talk to the manager, be humble, and ask for a quick discussion. Apologize for whatever happened, inform that it's about your career and life, and seek help; hopefully, this may work. I also suggest you talk to a well-known person of the manager in the same office. He/She may convince your manager and help you.

The ball is in your court; only you know about your manager, and for sure, there will be a way to get this done. In the worst case, you have to convince your new employer for revised dates stating some critical requirements. It's you who needs to break this hurdle. Relax, take some time, write down all the ways to get this done, and try. You will be able to fix this.

Good luck,

Regards, Thiyagu

Understanding Your Contractual Obligations

I have signed an appointment letter, not any bond.

What you have signed is a valid contract. The job has been offered to you on certain terms and conditions, and you have willingly accepted. One such term is a 3-month notice period. You are legally bound by it. If the manager does not accept, he/she cannot be forced to accept. You can only try to convince your manager about leaving early, but it is his/her choice. Once you knew you had a 3-month notice period, it should have been kept in mind while accepting the new job.

I have sent a hard copy of my resignation through registered post. Today, the Head of HR asked me to come and meet with him to resolve the issue. Please guide me on how to handle this.

Negotiate respectfully and tactfully. Offer them 2 months' pay in lieu of the notice period if there is no way they will overlook and accept only 1 month's notice.

Please let me know if you need further assistance.

Hi,

Please guide me. Can a company increase the notice period after serving them for 3 months? Today, I had a meeting with the Head of Department. They pressured me, and I agreed to serve the full notice period. However, I feel that they may extend it further. Please suggest what I should do. If you can assist, I can send a copy if you provide me with your email address.