Notice period issues in company - 30 days instead of 2 months - what can be done?

Dear Team,

I need your suggestion on the matter below: One of the employees has given a resignation and mentioned that he will serve a 30-day notice period. As per the policy (which is not yet finalized and approved by the Management), he needs to serve a 2-month notice period as he is a senior person. I need to know your views in this case. Here, the immediate boss has not yet replied to the resignation email (accepted or rejected). Also, I need to know whether the employee can leave the organization in 30 days or if he needs to give a 2-month notice period. What action can management take in this case?

Hi,

Whatever agreed notice period as per the appointment order terms is valid, and any future proposal will not bind the employee. Based on the role and responsibilities, if the management requires an extended notice period, you can make a request to the employee for the same. Whether to accept or not is at his/her discretion. Resignation acceptance is an internal process that has nothing to do with the notice period. So, the employee has the right to leave after a 30-day notice period. The only thing management may prolong is his/her full and final settlement but cannot hold. Additionally, many employers tend to give negative feedback in case of background verification, where separation is not smooth.

Please refer to the separation clause mentioned in his Offer of Appointment, and the notice period mentioned in the Appointment offer shall be binding on him. You may go ahead, as per this.

Your post says, "As per the policy (which is not yet finalized and approved by the Management), he needs to serve a 2-month notice period as he is a senior person." As the policy is not yet finalized and approved by Management, the resigned employee needs to adhere to this. Moreover, if any clauses are modified or service conditions are changed, such changes shall take effect prospectively (that is employees who will be seeking separation post-finalization of such modifications), and employees who have already sought separation shall not be subject to such changes.