I cannot serve notice period ,Company not allowing payout option.

Updated: Apr 26, 2019 UTC
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Hi Everyone.

I have resigned from the company asked them to release me in 2 weeks and asked them to deduct the shortfall of notice period amount from my salary as per my employment contract.

But HR is saying they will not give the relieving letter.

I am posting some points from the separation policy the notice period is for 90 days as usual in Software Company.

Please read the below points and let me know whether I can opt for buyout option or not.

1)In case of voluntary separation, the employee should discuss with the reporting 
manager and reach a consensus on the relieving date. Where t h e client commitments 
do need a full serving of the notice period, the manager reserves the right and owns 
the responsibility for ensuring that full notice or partial notice as is reasonable is 
served by the employee.

2)If the employee doesn’t serve the full notice period and the same is not waived off by the 
manager concerned, the shortfall of the notice period will be recovered on or before the last 
working day of an employee and the notice shortfall will not be adjusted against the privilege 
leave balance. Therefore, the employee will be entitled to receive the leave encashment for 
the privilege leave balance as on the last working day along with the full and final settlement. 
The employee will only be entitled to receive the leave encashment for a maximum of 10 
days. For the computation of encashment, only the basic salary will be considered.

3)In case if employee resign from the service, employee have to serve a notice period as per the 
offer letter before leaving the Organization. If employee do not serve the notice period, 
employee will have to pay to the Company on the shortfall of the notice period, if the notice 
period is not waived off by manager.

4)Employee’s service can be terminated by giving notice as per offer letter or by paying gross 
salary in lieu thereof in case of voluntary resignation.

Please help  me.



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1 Answer

Paramjit Sodhi
Paramjit Sodhi Apr 29, 2019 UTC
Dear, Your Predicament can well be understood. Point 1 is very specific in so far as the on going work commitment is concerned. In case, your manager has accepted your resignation and forwarded the same to HR along with his recommendations there is no reason why HR should not give you the relieving letter. If you had a project in hand which is not complete and you have not handed over the same to your Manager or authorized person then and the Manager has expressed the same then there is a possibility of the HR refusing to give the relieving letter. In such an eventuality you need to sit across with your Manager, discuss with him the modalities of completing the on going work in hand in a time bound manner. This way you should be able to get your un-served notice period waived off or recovery paid. Point 2 is of relevance only at the time of Full & Final settlement of dues. Point 3 is relevant only if you are compliant with point 1 above. Kindly ensure that your resignation is accepted and forwarded to HR with the recommendations of your manager. It is important that you complete your job in hand and give a proper handover to the authorized person. Point 4 is in compliance of bilateral legal obligations. There are escape routes for all situations if properly managed. Please do not hesitate in seeking any further clarifications. Paramjit Sodhi

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