I need some advice on notice period serving. Actually, my company policy was revised in July 2015. According to the policy, if an employee wants to buy out the notice period, the decision to buy out will be entirely based on the discretion of the company.
Currently, I am facing a serious family problem, and I want to serve a one-month notice period and pay off the rest. From my work perspective, I am completely free as per my manager, but my manager is concerned about HR and management. He mentioned that my case reference could be used by other coworkers in the future to request an early release.
Although I have a genuine reason, I am unable to resolve the situation. Therefore, I kindly request your advice on this matter.
Thank you.
From India, Mumbai
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Currently, I am facing a serious family problem, and I want to serve a one-month notice period and pay off the rest. From my work perspective, I am completely free as per my manager, but my manager is concerned about HR and management. He mentioned that my case reference could be used by other coworkers in the future to request an early release.
Although I have a genuine reason, I am unable to resolve the situation. Therefore, I kindly request your advice on this matter.
Thank you.
From India, Mumbai
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Dear Vikrant,
Any organization, whether related to business or otherwise, is a collective endeavor of people and material resources. The subsisting contract of employment between the employees and the organization is an arrangement to ensure uninterrupted co-existence. Notice of unilateral termination of the contract of employment from either side, the employer as well as the employee, necessitated by one's expediency and convenience, is, therefore, based on the principle of affording some time to the other side to make alternative arrangements to fill the void created by the premature termination of the contract.
Of course, the period of time stipulated in this regard in terms of days or months and the payment of monetary compensation in lieu thereof cannot be effective substitutes for the loss to the organization with the sudden exit of a trained employee and the difficulty of finding suitable alternative employment experienced by the employee—these are immeasurable. However, vesting the discretion of accepting the proposal to buy out the notice period with the employer is a matter of larger consideration in the interest of the organization.
The exercise of discretion by the management in favor of the employee in such a situation is conditioned by several factors like the position and responsibilities held by the employee, the genuineness of the reasons shown, etc. If the reasons cited for early release are genuine and the responsibilities held by you are substitutable, I believe that your manager's apprehension that it would set a precedent is unfounded. After all, discretion is the exercise of personal judgment befitting a particular situation based on its peculiarity. You may want to take up the issue with your top management.
Thank you.
From India, Salem
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6108Any organization, whether related to business or otherwise, is a collective endeavor of people and material resources. The subsisting contract of employment between the employees and the organization is an arrangement to ensure uninterrupted co-existence. Notice of unilateral termination of the contract of employment from either side, the employer as well as the employee, necessitated by one's expediency and convenience, is, therefore, based on the principle of affording some time to the other side to make alternative arrangements to fill the void created by the premature termination of the contract.
Of course, the period of time stipulated in this regard in terms of days or months and the payment of monetary compensation in lieu thereof cannot be effective substitutes for the loss to the organization with the sudden exit of a trained employee and the difficulty of finding suitable alternative employment experienced by the employee—these are immeasurable. However, vesting the discretion of accepting the proposal to buy out the notice period with the employer is a matter of larger consideration in the interest of the organization.
The exercise of discretion by the management in favor of the employee in such a situation is conditioned by several factors like the position and responsibilities held by the employee, the genuineness of the reasons shown, etc. If the reasons cited for early release are genuine and the responsibilities held by you are substitutable, I believe that your manager's apprehension that it would set a precedent is unfounded. After all, discretion is the exercise of personal judgment befitting a particular situation based on its peculiarity. You may want to take up the issue with your top management.
Thank you.
From India, Salem
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