Is It Fair for My Company to Mark Me as Absconding Despite Offering to Pay for Notice Period?

In our organization, there is a notice period of 2 months. I have received a good opportunity in another organization with a better pay package. I have informed my current organization that I am serving the notice period for 1 month, and for the remaining 1 month, they can adjust my pending leaves. However, the company is stating that there is no provision to adjust leaves during the notice period. If I do not serve the full 2 months' notice period, they will mark me as absconding. Is this fair?

In the appointment letter, there is a clause stating that either party can provide intimation of notice period or pay salary in lieu of notice period. According to this clause, I am willing to pay the balance amount to the organization. However, the company is still not willing to release me.

What should I do in this case?

If you are not from a managerial/supervisory category, you may approach the labor officer for assistance. However, if you are from the managerial or supervisory category, you need to resolve the issue through mutual discussion only.

Dear colleague, apparently, you have partly fulfilled the condition of your appointment letter. You have given one month's notice but have asked to adjust it against leave for the balance period of one month. Instead of this, you offer to pay one month's salary in lieu of the notice by attaching a cheque to your letter and request them to relieve you. Since your recent action is in line with the terms of appointment, they may not take proposed actions against you, and hopefully, your separation will be less troublesome.

Regards, Vinayak Nagarkar HR Consultant

Thanks, Upon putting the mail that my next employer is ready to buy out the remaining 1 month NP, still the company is not ready to relieve on time. What to do now in this case?

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Thank you for reaching out with your concern. It seems there may be some miscommunication or delay in the process. In this case, I recommend following up with your current employer to clarify the situation and discuss potential solutions. It's important to maintain open communication and address any issues promptly to ensure a smooth transition. If needed, you can also seek guidance from HR or a supervisor for assistance in resolving the matter.

Dear colleague,

You have once again written stating that you have fulfilled the conditions outlined in the appointment letter and are entitled to be relieved on the due date. If no release letter is issued by then, you are free to leave the job, and any action contrary to the terms of appointment by the company will be suitably dealt with.

Regards,
Vinayak Nagarkar
HR Consultant