Dear Sir/Madam,
This is Suresh. I have been working in a Pvt Ltd Company for 2 years, and now I wish to resign. The issue I am facing is that I am required to provide three months' notice as per the company policy, which is also stipulated in my appointment letter. My question is whether giving a three-month notice is mandatory according to the law, and which law should I refer to regarding this matter.
Kindly advise me.
From India, Hubli
Acknowledge(0)
Amend(0)
1This is Suresh. I have been working in a Pvt Ltd Company for 2 years, and now I wish to resign. The issue I am facing is that I am required to provide three months' notice as per the company policy, which is also stipulated in my appointment letter. My question is whether giving a three-month notice is mandatory according to the law, and which law should I refer to regarding this matter.
Kindly advise me.
From India, Hubli
Acknowledge(0)Amend(0)
Dear Suresh,
It is very clearly mentioned in your appointment letter, which is signed by both parties, that you have to serve a three-month notice. However, you can request an early release from management.
Regi Varghese
regi2009@gmail.com
GSM: +968 96445912
From Oman, Muscat
Acknowledge(0)Amend(0)
It is very clearly mentioned in your appointment letter, which is signed by both parties, that you have to serve a three-month notice. However, you can request an early release from management.
Regi Varghese
regi2009@gmail.com
GSM: +968 96445912
From Oman, Muscat
Acknowledge(0)Amend(0)
Dear Suresh,
Your problem is very common in many organizations. Generally, only a one-month notice period will be considered, but depending on the organization's requirements, it will create its own rules—yours is one such case. According to the law, if an employee is resigning from the services, it is the duty of the employer to relieve the employee according to the employee's wish. However, if the employer can showcase the need for the employee in the organization, they can retain you for some time. For example, if the employer can prove that your presence is highly required for the transition of work and other important matters where the company will be affected by your absence, then labor law allows the employer to make the employee serve the notice period. I have never come across the specific duration of the notice period in any laws. Please check contract laws and employment laws.
Regards,
Gopal
From India, Hyderabad
Acknowledge(0)Amend(0)
Your problem is very common in many organizations. Generally, only a one-month notice period will be considered, but depending on the organization's requirements, it will create its own rules—yours is one such case. According to the law, if an employee is resigning from the services, it is the duty of the employer to relieve the employee according to the employee's wish. However, if the employer can showcase the need for the employee in the organization, they can retain you for some time. For example, if the employer can prove that your presence is highly required for the transition of work and other important matters where the company will be affected by your absence, then labor law allows the employer to make the employee serve the notice period. I have never come across the specific duration of the notice period in any laws. Please check contract laws and employment laws.
Regards,
Gopal
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Mr. Suresh,
As per the company rules, you need to give 3 months' notice well in advance because this is an agreement between you and the company. Why does the company ask for such a notice period? It is to maintain smooth operations without affecting day-to-day transactions. However, there may be other conditions. You can also pay a notice fee to the company and be released early as per your requirement. Please request your management with reasons to release you as early as possible and waive your remaining notice period. The entire process is based on your relationship with the company.
V. D. Patel
From India, Vadodara
Acknowledge(0)Amend(0)
As per the company rules, you need to give 3 months' notice well in advance because this is an agreement between you and the company. Why does the company ask for such a notice period? It is to maintain smooth operations without affecting day-to-day transactions. However, there may be other conditions. You can also pay a notice fee to the company and be released early as per your requirement. Please request your management with reasons to release you as early as possible and waive your remaining notice period. The entire process is based on your relationship with the company.
V. D. Patel
From India, Vadodara
Acknowledge(0)Amend(0)
Dear Suresh,
As per company law and policy, you have to serve a three-month notice period; otherwise, all your procedures will be put on hold. However, you have another option. If you have an urgent joining requirement at another organization, you can leave the company with immediate effect. In this case, you will need to pay the company your three-month basic amount, after which the company will release you under any conditions as per your requirement. This is a common solution for senior positions where individuals wish to be released within a short timeframe.
Please discuss this matter with your responsible HR person.
Thanks and Regards,
Mahendra Patole
From India, Mumbai
Acknowledge(0)Amend(0)
As per company law and policy, you have to serve a three-month notice period; otherwise, all your procedures will be put on hold. However, you have another option. If you have an urgent joining requirement at another organization, you can leave the company with immediate effect. In this case, you will need to pay the company your three-month basic amount, after which the company will release you under any conditions as per your requirement. This is a common solution for senior positions where individuals wish to be released within a short timeframe.
Please discuss this matter with your responsible HR person.
Thanks and Regards,
Mahendra Patole
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Suresh,
If it is a company policy, then you will have to follow the rules and regulations to get all the relieving documents. There are two ways as well: notice period Buyout and Waive off. In a buyout, you can get your salary adjusted in lieu of the notice period or serve for half of the notice period and do a partial buyout.
In a waive-off, you can request Management to release you without paying or serving the notice period.
Regards.
From India, Delhi
Acknowledge(0)Amend(0)
If it is a company policy, then you will have to follow the rules and regulations to get all the relieving documents. There are two ways as well: notice period Buyout and Waive off. In a buyout, you can get your salary adjusted in lieu of the notice period or serve for half of the notice period and do a partial buyout.
In a waive-off, you can request Management to release you without paying or serving the notice period.
Regards.
From India, Delhi
Acknowledge(0)Amend(0)
There is no written law that an employee has to give 3 months' notice for resigning. The Industrial Disputes Act mentions about one month's notice or pay in lieu thereof, by the employer to terminate a workman. Reciprocally, workmen shall also give one month's notice. In the case of non-workmen, company policy, rules, and agreements will be the law.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.