Notice period shortfall
2 years ago
I have submitted resignation on 19th jan 2022. My notice period is of 90 days. I don't want to come to work after 9th March. There exists one clause in my company policy " In case, If employee wishes to get relieved earlier than the notice period, the Management may do so by recovering salary in lieu of remaining notice period. The decision to relieve shall be Management’s prerogative and shall be binding to employee leaving the organization."
I am ready to pay salary of 41 days of notice period for early relieving. Still HR is not accepting it. They are threatening me with possibility of show-cause notice if I don't come to work after 9th March.
Please advice. I am distressed.
As per the facts mentioned, according to the company policy it is upto the management only if they with to recover salary in leu of notice period. I’d recommend you send a mail to the HR regarding this problem or you may continue till the notice period is over.
If you don't wish to get relieving letter then you can discontinue your service earlier to 90 days period. Otherwise it will be problem for you to get such relieving letter. Better to avoid such damaging situations and try to complete your notice period of 90 days.
The keyword here is the "prerogative" which means you can not dictate them but they can do so if they wish to. So, you need to request them to accept the salary in lieu of notice period and it is up to them to accept or not.
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