• Reduction of notice period

I am currently working in a software company in Hyderabad. I have joined 45 days before and I have submitted my resignation to leave for a notice period of 16 days. In the offer letter which I signed, the company has a notice period of 3 months. There is no mention of payout or any other options in the offer letter. 
I have to leave the company due to personal reasons, and the company insists that I have to serve the complete notice period. What can be done?
Asked 5 years ago in Labour

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36 Answers

Do you want Experience certificate from this current company. If YES then you can serve 3 months notice period.

 

If NO then you do not have to give notice period on just send on medical ground you won't be come office from today or tomorrow. Company may abscond you because any how company is going to abscond you if you don't go for work.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have to serve the notice period 

 

2) in alternative offer to pay in lieu of notice period 

 

3) it is at discretion of company to waive the notice period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You won’t get relieving-letter unless u serve notice period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can pay a month basic salary as notice period and leave

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Go and meet management personally 

 

offer to pay salary in lieu of notice period 

 

take cheque for shortfall in notice period 

 

request company to issue you relieving letter 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can send them cheque for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hi

Don't pay without their approval. 

First of all send them presentation for paying some amount in exchange of notice period. 

If they approve then pay..they will provide bank details with the approval. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can have words with HR as there is no terms and conditions mentioned in the appointment letter for payment in lieu of noticeStill you want relieving letter from them then can go as per Labour Law and Cyber Act  on medical ground you can get the relieving letter.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi,

In every situations there are clauses of exceptional circumstances and if there is any in your offer letter, you are suggested to make use of that. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- As per Specific Relief Act , if any employee quits before the notice period ,the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leave without serving contractual notice. 

- Except, recovery of the said amount , company cannot harm you for the same.

- Further, the company cannot refuse to issue relieving letter.  If, you are presently unable to pay the demanded amount , then wait till the receiving of legal notice .

- After receiving the demand notice , you should reply the same after narrating your financial hardship, and further assure him , that in the event of some relaxation, you can pay some amount. 

- If, you will reply the said demand notice after narrating your financial hardship, then there is also chances of waiving the amount as well by the company. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. As per your agreement you gave to serve notice period in case you fail and leave the company can issue your notice or file suit to recover the damages from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can talk to your manager and can mutually settle there is no other option otherwise you have to either leave it without proper resignation or serve complete notice period.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you don't have to pay directly you can contest same in case there is court order or mutual.agreement then only pay.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

What is the need. Receive your salary and resign forthwith. Showing such short duration is job in experience is waste and bad impression. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can leave the service by tendering the resignation by mentioning the actual notice period you may be serving physically and to compensate the company by money in lieu of the actual notice period and can leave the job on the prescribed date. 

The company cannot take any legal  action against you for not serving the full notice period except to initiate steps for recovery of the amount towards the balance of notice period.

Even thought he company's offer letter many not have this clause of buying the notice period, the company cannot hold you back to serve the full prescribed three months notice period  against your willingness, it would be termed as violation of human rights.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

notice period cannot be enforced in India. You can quit any time you want and you will not have to pay the company any compensation for violating the notice period in the contract. This is because employment is at will and cannot be forced.

When you leave an employer without serving the notice period, there is always the risk that the employer can withhold your experience letter for violating the terms of the contract and be indifferent or scathing while responding to the background verification questionnaire.

This is one loophole that needs to be plugged. Unless that happens, notice periods will continue to exist, at least as a deterrent, although not legally valid.

1) There is no way that the company can force you to serve the full notice period. 2) The clause in the employment agreement usually states "ninety days' written notice or three (3) months' gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

How to pay that will be informed by the company.

You may make a mention about your willingness to pay the compensation for the balance of notice period.

They will initially not agree, but on your insistence they may accept, i.e., you may send a DD to that amount in the name of the company.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. If you have accepted the offer in which a notice period of 3 months is mentioned then you are bound to serve notice period.

2. If you cannot serve notice period due to personal reason then you can leave without serving notice period but then you cannot ask your employer to provide you relieving letter.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

As far as I know, there is no legal problem takes place. The only inconvenience is that you may not get your releiving letter and the company will not do the full and final settlement. Which may affect your future employment. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

for relieving you have to serve notice as per appointment letter. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

contact company HR and settle. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Notice start from day of resignation and every head count to calculate.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Only basic salary will be considered

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Calculations should be made on the basic pay.

The Notice period starts from the day you resigned.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

resignation date is the last working day is when you resign with effect from the next day. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The notice period will begin from the date of submitting your resignation letter. 

The compensation shall constitute your monthly gross pay.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Notice period starts on your resignation being accepted by your employer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You are bound to honour the notice period. It is the employer which has the prerogative to reduce the rigours of or waive the notice period in entirety.

2. The employer has to decide whether to accept salary in lieu of notice period, and it cannot be claimed as a matter of right by the employee.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. The employer is not bound to relieve you if you do not honour the notice period in letter and spirit. As I said before, it is for the employer to decide in its wisdom whether to dispense the notice period in part or entirety.

2. Send an e-mail to the employer and offer to pay the amount through cheque.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Notice period begins from the day on which you serve the notice to the employer.

2.  The deduction on notice pay has to be on basic salary. The emoluments/allowances are given to an employee only when he is currently working in the organisation. Hence, once you give the notice, you are not working anymore, therefore the notice pay can not include any component other than basic.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir/Madam,

Basic+HRA + allowance should be used for calculation and it should be on the day of leaving the company. 

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1) You can offer to serve notice period.

2) You can offer to pay salary in lieu of notice period.

3) It is the discretion of the Company to accept / reject / make some other offer.

4) You cheque the T & C of your appointment it will give details else, you can pay BASIC pay.  Your notice starts from date of your resignation.

5) You can cheque the name of the beneficiary on whose name you need to pay.

Issue cheque and take Relieving Letter and No due certificate from HR.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- Monthly gross pay will be used for payout calculation from the date of acceptance of your resignation. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If there are compelling reasons for you to resign and leave the company then convey it to the company. They should understand this. If they do not then leave.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes that is an option whoch may be given to them. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Notice starts the day you inform the company that you want to quit. Payout means the whole package.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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