Reduce Notice period of employment
3 months ago
Hi, I have been working hybrid from last 2 years. In December my company changed the policy and asked us to come to office daily. I put in my papers on 10th December. My notice period is of 3 months. I do not want to serve the complete 3 months. Can you please answer the following
1. Is there any way I can deduct my notice period on the pretext of change of wfh policy
2. My company doesn't have leave encashment policy. Is there any legal law on this? I have around 20 leaves pending which I can no longer take as I am on my notice period
P.S. I have already talked with HR but they have straight away declined to reduce my notice period, provide wfh... Also they have only given me the solution to buy out my notice period. My company is located in Maharashtra
In the context of your situation in Maharashtra:
1.Reducing Notice Period:Generally, notice periods are contractual obligations, and an employer may insist on the full notice period unless both parties mutually agree otherwise. However, you can negotiate with your employer to seek an early release based on mutual consent. If your company is not willing to change this, you may need to adhere to the agreed-upon notice period.
2.Leave Encashment: In Maharashtra, there is no statutory obligation for employers to provide leave encashment unless it is specified in your employment contract or company policies. Since your company doesn't have a leave encashment policy, they may not be obligated to compensate you for the pending leaves. It's advisable to review your employment contract and company policies to understand the specific provisions regarding leave encashment.
While these are general considerations, employment laws can be complex and may vary. Seeking advice from a legal professional familiar with labor laws in Maharashtra can provide you with more accurate guidance based on the specifics of your employment contract and the prevailing regulations.
Thankyou
Response to your queries is as under Q-1. Is there any way I can deduct my notice period on the pretext of a change of WFH policy? Ans- The company can change its policy whenever needed, it is one of the prerogatives of the management and cannot be grounds for deduction of your notice period. Response to Query No.2 - It is also a prerogative of the management to make a policy for leave encashment. When you do not want to serve a notice period of 3 monthsas per the terms of employment, and the company has already offered you a buyout of the notice period, you may consider its acceptance if the offer suits you.
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