Notice Period Dilemma: Is It Fair for HR to Enforce Full Compliance?

Dear Ajay,

As per policy, you need to serve your complete notice period. Relieving will proceed accordingly.

Hi,

Notice Period Obligation

As per the terms and conditions of your appointment, if a notice period is mentioned, then you are obligated to serve the proper notice period. It is not that HR is forcing you to serve the notice period; HR is simply performing their duty. It is their job to advise employees to complete the proper notice period.

Notice Period and Recovery Amount

There is no way that the company can force me to serve the full notice period. Then I will pay the recovery amount.

Hi,

Whether to accept a notice period or salary in lieu of the same is the employer's call. Mostly, it should be mentioned in your appointment letter as "at the discretion of the employer." Please refer to my reply in the other thread for your question.

Dear Mr. Ajay,

Verify Appointment Order

Please verify your appointment order to see if there are two options mentioned:
(a) To serve the notice period or
(b) To pay wages in lieu of the notice period.

If the second option is available, please do not worry. You need to calculate the wages for the shortfall of the notice period and take a demand draft (DD) in the name of the company.

Prepare Covering Letter

Next, prepare a covering letter stating why you are unable to serve the full notice period and request the company to relieve you early by accepting your payment in lieu of the notice period. Please clearly specify your last working day in it. Along with this letter, please attach your resignation letter and appointment order, highlighting the exemption clause.

Submission Process

We suggest that you try to hand over this letter and DD to the HR in person. If he receives it, please retain the acknowledgment. However, if the HR refuses to accept it, then send it through registered post.

Convincing Next Employer

If your HR still refuses to relieve you, try to convince your next employer by providing all the above details along with proof and request him to allow you to join without a relieving letter. Tell him in writing that you will give the letter once received from the previous employer. If required, raise this issue with the appropriate authorities to seek help and resolve this problem.

We hope this helps.

Dear Ajay,

Offer Letter and Appointment Details

You will be given an offer letter followed by a letter of appointment stipulating terms and conditions. Please review the employment letter, and if the notice period is stated, ensure you follow the rules. However, there is always room for negotiation.

If your appointment details are not provided in writing, it becomes mandatory by default based on the years of service with the organization. Therefore, negotiations are the only way to resolve any issues.

Thanks