Response

A notice period is the time range an employee sets between informing their employer of their resignation and their last day. When informing your manager that you plan to leave, clearly state when your last day will be to set the term of your notice period. Likewise, an employer is also under an obligation to give employees a fair notice period letter informing them about the termination of the contract.

Two weeks is a standard notice period for many positions, although high-level leadership positions and highly technical jobs need a longer notice period to enable the company to reorganise their essential functions.

¥ No notice required if you have only been employed for a month or less
¥ One week’s notice if you have worked with the company for up to two years
¥ One week for each year of employment if you have been at your job for between two and 12 years
¥ 12 weeks notice for more than 12 years working at a company

Be considerate of company operations while also prioritising your career needs. If you have another job lined up in a month and are on good terms with your employer, you could consider giving a longer notice to ease the transition.

For instance, if you have given two weeks’ time as your notice period but your boss asks you to leave immediately, then you will be provided two weeks’ salary without needing to work. This can happen only if your contract says you are eligible for pay in lieu and does not apply in at-will situations and are free to work for other companies.

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 daysÕ written notice or three (3) monthsÕ gross salary in lieu thereof”. Therefore if you are willing to pay the company should not raise any objections.

3) Put in your resignation serving your preferable days of notice and be prepared to return all the company properties or assets that are in your case and custody at the end of this period.

4) If the company refuses to accept your resignation in person/writing send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.

5) Where there is rule there is a punishment for the breach of the law, you can breach the contract by paying the damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.

6) If the new employer has no problems with your not getting a relieving letter or experience letter then you may just join the new employer after the required days of notice in the current company. The company can not act against you in law.

7) If your employer intentionally dragging your case to issue relieving letter than you can approach the labour court or the tribunal by issuing lawyer notice to the Management, HR and Reporting Manager.

8) In the extreme case you may also consider moving the High Court under Article 226 read with Article 14.

Reference: Industrial Disputes Act, 1947 section 9A; Article 226 ,14 of indian constitution

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