I have been working in a company for the past 10 months, and in the 11th month, I handed in my resignation because there is a 2-month notice period that I want to honor. Initially, the HR department asked me to complete the notice period before leaving. However, the next day, they offered me 10 days of extra salary to leave immediately. This goes against the standard procedure. Could you please advise me on what I should do in this situation?
From India, Bengaluru
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From India, Bengaluru
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Notice Period Obligations and Employee Resignation
Very strictly speaking, there is no law that demands an employee to give notice before leaving. However, in the case of a workman, it is mandatory for the employer to give notice before firing them. In establishments with certified standing orders, what is outlined in the standing orders is binding for both the employer and employees. In all other cases, it is common practice to follow the notice period specified in the appointment letter. Therefore, if your appointment order states a two-month notice period, you are obligated to adhere to it. Failure to do so may result in the employer demanding salary in lieu of the notice period.
Scenario: Early Release by HR
Now, consider a scenario where an employee resigns, indicating they will be available for the two-month notice period. Despite the employee's resignation, the HR department decides to relieve them earlier due to concerns about their productivity. In such a situation, the company should compensate the employee for the remaining months of the notice period and release them promptly. The employee cannot be asked to leave immediately without receiving payment for the notice period served. While the resigned employee may not be fully engaged, the terms outlined in the appointment letter must be honored by the employer. Therefore, a responsible HR department should ensure the employee is relieved after receiving payment for the entire unserved notice period, typically two months.
From India, Kannur
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4526Very strictly speaking, there is no law that demands an employee to give notice before leaving. However, in the case of a workman, it is mandatory for the employer to give notice before firing them. In establishments with certified standing orders, what is outlined in the standing orders is binding for both the employer and employees. In all other cases, it is common practice to follow the notice period specified in the appointment letter. Therefore, if your appointment order states a two-month notice period, you are obligated to adhere to it. Failure to do so may result in the employer demanding salary in lieu of the notice period.
Scenario: Early Release by HR
Now, consider a scenario where an employee resigns, indicating they will be available for the two-month notice period. Despite the employee's resignation, the HR department decides to relieve them earlier due to concerns about their productivity. In such a situation, the company should compensate the employee for the remaining months of the notice period and release them promptly. The employee cannot be asked to leave immediately without receiving payment for the notice period served. While the resigned employee may not be fully engaged, the terms outlined in the appointment letter must be honored by the employer. Therefore, a responsible HR department should ensure the employee is relieved after receiving payment for the entire unserved notice period, typically two months.
From India, Kannur
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Notice Period and Its Purpose
The notice period is meant for any one of the following purposes:
1. Time taken for replacement hiring.
2. Time taken for the transfer of responsibilities.
If either of the above conditions is satisfied, or your absence in the company does not affect the workflow, then you will be relieved as per the choice of the employer and HR upon submitting your resignation. If the company initiates the separation, then the company should pay for the notice period.
Management's Role in Determining the Last Working Day
When an employee resigns, the management has the right to determine the last working day, regardless of the clause in the appointment letter. If you have an offer in hand, explain the situation to HR and request to serve a two-month notice period. If you do not have an offer in hand, then request HR to reconsider the notice period.
From India, Chennai
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The notice period is meant for any one of the following purposes:
1. Time taken for replacement hiring.
2. Time taken for the transfer of responsibilities.
If either of the above conditions is satisfied, or your absence in the company does not affect the workflow, then you will be relieved as per the choice of the employer and HR upon submitting your resignation. If the company initiates the separation, then the company should pay for the notice period.
Management's Role in Determining the Last Working Day
When an employee resigns, the management has the right to determine the last working day, regardless of the clause in the appointment letter. If you have an offer in hand, explain the situation to HR and request to serve a two-month notice period. If you do not have an offer in hand, then request HR to reconsider the notice period.
From India, Chennai
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Withdrawl of Resignation and Notice period.doc
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