Resignation and Notice Period Issue
I have resigned from my IT company, where I am unable to serve the company for 90 days and can only serve for 30 days. I have submitted a doctor's certificate for my mother's leg surgery and also mentioned my father's illness. I am currently on the bench, and my manager has no issue with my resignation. However, HR is not granting me an early release and is not agreeing even when I offer to pay the notice period or bond amount.
Notice Period Agreement
During my joining, the document I signed stated that after probation, I need to serve a 3-month notice period if I resign. It did not mention anything about payment if I am unable to serve. I have realized that the agreement seems to favor only the employer's side. HR is suggesting that I go on leave without pay, which I do not want to do as I have my reasons. I am not prepared to continue working in that company as I am feeling stressed and pressured due to lack of work or dependency.
Could someone please advise me if the document I signed during joining, which only mentions serving the notice period but not about payment, is legally binding?
From India, Bengaluru
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I have resigned from my IT company, where I am unable to serve the company for 90 days and can only serve for 30 days. I have submitted a doctor's certificate for my mother's leg surgery and also mentioned my father's illness. I am currently on the bench, and my manager has no issue with my resignation. However, HR is not granting me an early release and is not agreeing even when I offer to pay the notice period or bond amount.
Notice Period Agreement
During my joining, the document I signed stated that after probation, I need to serve a 3-month notice period if I resign. It did not mention anything about payment if I am unable to serve. I have realized that the agreement seems to favor only the employer's side. HR is suggesting that I go on leave without pay, which I do not want to do as I have my reasons. I am not prepared to continue working in that company as I am feeling stressed and pressured due to lack of work or dependency.
Could someone please advise me if the document I signed during joining, which only mentions serving the notice period but not about payment, is legally binding?
From India, Bengaluru
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Understanding Notice Period Obligations
The document here seems valid, and the HR appears to be correct in offering you the option to proceed on leave without pay (LOP) to take care of your parents and then return.
It is true that if payment in lieu of the notice period is not mentioned in the appointment or offer letter, then it need not be a mandatory arrangement between the employer and the employee. This is because the notice period service need not be solely about money. Even though you are on the bench, there is a possibility that the company may need you for training other resources in certain project skill sets or for serving as non-billable support for any other project until your last working date. The reasons can be numerous.
Why LOP Might Not Be Waivable
The central point here is that you would not be able to cite your parents' ill health as a reason for resignation and to waive off your notice period because the company has already provided support by offering alternative arrangements such as an LOP. You would need a strong reason as to why such an LOP would not help you, for example, a case where you may need to constantly travel abroad or to a distant location for specialized treatment on a frequent basis.
So, serving the entire notice period may be the only option under the circumstances here.
From India, Bengaluru
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61The document here seems valid, and the HR appears to be correct in offering you the option to proceed on leave without pay (LOP) to take care of your parents and then return.
It is true that if payment in lieu of the notice period is not mentioned in the appointment or offer letter, then it need not be a mandatory arrangement between the employer and the employee. This is because the notice period service need not be solely about money. Even though you are on the bench, there is a possibility that the company may need you for training other resources in certain project skill sets or for serving as non-billable support for any other project until your last working date. The reasons can be numerous.
Why LOP Might Not Be Waivable
The central point here is that you would not be able to cite your parents' ill health as a reason for resignation and to waive off your notice period because the company has already provided support by offering alternative arrangements such as an LOP. You would need a strong reason as to why such an LOP would not help you, for example, a case where you may need to constantly travel abroad or to a distant location for specialized treatment on a frequent basis.
So, serving the entire notice period may be the only option under the circumstances here.
From India, Bengaluru
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Thank you for your response, Nelsonthomas9102. As I mentioned earlier, my father is currently ill and bedridden, requiring my mother to take care of him. My mother is scheduled for surgery, and her recovery is expected to take 3-4 months. I am considering not taking leave without pay (LOP) as I am contemplating taking a job at a coaching center near my home, which is only 5 minutes away. Currently, I work 30 kilometers away, which results in a 3-hour commute each way. This distance makes it difficult for me to be readily available in case of any emergencies concerning my parents.
Regarding the company's potential need for me to work on other tasks, I want to clarify that there is no such requirement, given that several senior employees have been on the bench for an extended period. I would appreciate any advice on this matter.
Training Agreement Concerns
The company has presented a training agreement for signing, yet they have not shared a copy with us, providing only the joining letter. I am concerned that this agreement may be coercing employees to serve the notice period, even when there is no foreseeable dependency in the future. While my last working day is set for December 30, the training agreement stipulates an end date of December 29.
Notice Period and Employment Laws
According to employment laws, employees should not be compelled to serve notice periods. If the company is willing to compensate for the notice period, employees should be granted their release. Please correct me if I am mistaken. If the situation were different, I would have no issue fulfilling the entire notice period. However, due to my current circumstances, I am seeking guidance on how to proceed.
From India, Bengaluru
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Regarding the company's potential need for me to work on other tasks, I want to clarify that there is no such requirement, given that several senior employees have been on the bench for an extended period. I would appreciate any advice on this matter.
Training Agreement Concerns
The company has presented a training agreement for signing, yet they have not shared a copy with us, providing only the joining letter. I am concerned that this agreement may be coercing employees to serve the notice period, even when there is no foreseeable dependency in the future. While my last working day is set for December 30, the training agreement stipulates an end date of December 29.
Notice Period and Employment Laws
According to employment laws, employees should not be compelled to serve notice periods. If the company is willing to compensate for the notice period, employees should be granted their release. Please correct me if I am mistaken. If the situation were different, I would have no issue fulfilling the entire notice period. However, due to my current circumstances, I am seeking guidance on how to proceed.
From India, Bengaluru
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Legal Standing on Notice Period Waiver
Unfortunately, your views would not have enough standing on a legal note because the signed document between the employer and the employee seems to state the service of a notice period as an employee, irrespective of whether you are on the bench or not. The only way the company could proceed with a waiver would be on the grounds of compassion, where you can request that you need to tend to your parents in the event of an emergency but at the same time cannot afford to be on a Leave of Pay (LOP) because you need an income as well. One can't be sure how the company would perceive the situation.
Proceeding Legally
If one is to proceed on a legal note, it would have to be a long, tedious process of proving that, other than you, there is no one else to care for your parents and that the current arrangement you have proposed is the only way to resolve the situation and is better than any of the options that the company can offer. This can take ages and lots of time and money from what I see. Well, it's up to you at the end of the day. So I'll leave the choice to you.
From India, Bengaluru
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Unfortunately, your views would not have enough standing on a legal note because the signed document between the employer and the employee seems to state the service of a notice period as an employee, irrespective of whether you are on the bench or not. The only way the company could proceed with a waiver would be on the grounds of compassion, where you can request that you need to tend to your parents in the event of an emergency but at the same time cannot afford to be on a Leave of Pay (LOP) because you need an income as well. One can't be sure how the company would perceive the situation.
Proceeding Legally
If one is to proceed on a legal note, it would have to be a long, tedious process of proving that, other than you, there is no one else to care for your parents and that the current arrangement you have proposed is the only way to resolve the situation and is better than any of the options that the company can offer. This can take ages and lots of time and money from what I see. Well, it's up to you at the end of the day. So I'll leave the choice to you.
From India, Bengaluru
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