Stuck in a Notice Period Dilemma: Can I Negotiate My Exit to Join a New Job Sooner?

I got a new job at an organization, and they requested me to join in 20 days. As per my appointment letter, the notice period is 30 days or salary in lieu of. However, my manager is saying that I need to stay for 2 months to find a replacement for me and hand over the project details.

Negotiating the Notice Period

Do I have the right to negotiate 20 days and pay 10 days of salary in lieu? Also, I want to understand, as per the appointment letter, only 30 days were mentioned, and not relieving as per policy is immoral?

Hi,

Strictly speaking, a 30-day notice as per your appointment order is valid. Whether to accept money in lieu of the notice period will be at the employer's discretion. You may request it, but you cannot demand it as a matter of right. There should be a clause in your appointment order stating, "the notice period is 30 days or salary in lieu of, at the discretion of the Employer."

Depending on the roles and responsibilities of the employee, the Employer will make a decision. If the Employer insists on a 2-month notice period due to project requirements, try negotiating for a minimal notice period above 30 days. It is always advisable not to strain the relationship with the employer because, in the future, during Background Verification (BGV), the Employer might share negative feedback, or you might want to rejoin.

Notice Period Waiver and Salary Deposit

The question of whether the notice period, in part or in full, can be waived against the deposit of salary for that portion depends on the policy or practice of the organization in this regard. Even if there is a provision for it, it is still at the discretion of the management to accept payment in lieu of the notice period. Therefore, you have no right to insist on partly serving the notice period and partly depositing your salary for the remaining period.

Manager's Condition on Notice Period

Regarding the condition set by the manager for serving a two-month notice period, it is against the rules, illegal, and improper. Therefore, the manager cannot insist on it.