Navigating Notice Periods and Buyout Options: How to Handle Exit Policies and Ensure Positive Feedback

Hi HR & Legal experts and other experienced members of the community,

I work for an engineering services company headquartered in Bangalore. I joined as a Principal Engineer-2 and recently got promoted to Assistant Project Manager. My offer letter does not mention anything about the notice period during exit or termination policy except for the following clause:

"Service Agreement for Onsite Assignments which I may have to sign on such terms, as the company may deem appropriate. This agreement will consist, inter alia, of issues like (i) your commitment to complete the project (ii) your returning to India after completing the project and serving the company for a stipulated period."

Attached are snapshots from the offer letter, separation policy, HR policy, and travel policy related to notice period, exit policy, etc., for reference.

My queries:

1. Since my offer letter does not mention a notice period, should I still serve the standard 90-day notice period?

2. Can I opt to pay 1,50,000 to leave without serving the notice period?

3. Is it possible for the company to not relieve me even after the 90-day notice period?

4. Can I buy out the 90-day notice period by paying an amount equal to my salary in lieu thereof, even though it is not mentioned in the company policy or offer letter?

5. Is it feasible to request an early release by forgoing any salary from the resignation date if relieved immediately?

6. If I serve only 30 days instead of 90 days, can I expect to receive payment for the 30 days served and not for the remaining 60 days?

7. Can I choose not to serve the notice period, forgo any salary from the company, and only request proper relieving and experience letters?

8. How can I ensure that I receive positive feedback from the company for future potential employers?

9. What is the process for smoothly obtaining my PF from this employer after three years of service?

10. Can the company compel me to stay beyond the 90-day notice period?

11. Is there a provision to buy out the notice period by paying a sum to the company, and if so, how much? Does the 1,50,000 amount apply to employees not serving the notice period, specifically for those who traveled on-site?

12. If the company changes policies without proper employee consent, how does this affect employees during exits? Are the new policies applicable to employees who joined before the policy change date?

Please advise, and additional information can be shared upon request. Many employees are facing challenges in career growth due to inconsistencies in company policies.

Location: Calcutta, India

Notice Period and Exit Options
- If your offer letter does not specify a notice period, it's advisable to refer to the standard notice period typically followed in your industry or company.
- Buying out the notice period by paying a designated amount is a common practice in many organizations. However, the specifics of this option should ideally be outlined in the company policy or discussed with HR.
- Companies generally have the discretion to extend an employee's service beyond the notice period if required for business reasons. It's essential to communicate with HR to understand the circumstances.
- While buying out the notice period may be an option in some cases, the process and amount involved should be clearly defined in the company policy or agreed upon with HR.
- Opting for an early release by waiving salary from the resignation date can be a negotiation point, but it's crucial to have this arrangement documented and approved by the relevant authorities.

Salary and Notice Period
- Payment for the notice period served is typically a standard practice, and any deviation from this should be discussed and agreed upon with the employer beforehand.
- Communicate your preferences clearly regarding salary expectations and notice period fulfillment to avoid misunderstandings during the exit process.

Feedback and Documentation
- To secure positive feedback for future employers, maintain professionalism throughout the exit process, fulfill your obligations diligently, and seek feedback from supervisors or HR before your departure.
- Requesting proper relieving and experience letters is a reasonable expectation and should be a part of the standard exit procedure. Ensure to collect these documents upon your departure.

PF Withdrawal and Policy Changes
- Processing PF withdrawal typically involves submitting the necessary forms and documentation to the PF office. You may seek assistance from HR to facilitate this process smoothly.
- If the company changes policies without employee consent, it's important to address concerns through appropriate channels such as HR, management, or legal advisors. Existing policies should generally apply to employees hired before any policy changes unless stated otherwise.

Employee Growth and Career Development
- If policies are hindering career growth opportunities for employees, consider providing constructive feedback through official channels or engaging with HR and management to address these concerns effectively.

Overall, open communication with HR and adherence to company policies are crucial in navigating notice period, exit options, and ensuring a smooth transition during your departure from the organization.