Regarding Notice period in my Company

Dear Client,
When it is explicitly mentioned in the offer letter or appointment letter stating that an employee is required to serve a notice period 90 days before tendering his or her resignation and for non-compliance of such terms of contract of employment, the employer/Company can withheld the relieving letter or F & F dues for breach of contract treating such absence of the employee absconded without notice which is also considered a misconduct on the part of an employee who tendered his or her resignaton without complying with the terms of appointment letter that governs the relationship between an employer and employee. So, the chance of getting a relieving letter from the employer is not feasible as of now even through litigation. Background verification (BGV) check is a process many organizations carry out to verify the information provided by the candidate during hiring. Verification of EPFO records through UAN is critical for conducting employee background checks because it allows employers to confirm that their employees are not using false or stolen identities to gain employment. In case of a negative background verification check, an employer can even reject/terminate the employment of the candidate, following the service rules of the establishment, and that will potentially damage your service career. However, in the given scenario, by serving a legal notice to the employer/company, you can take a chance by pursuing your grievance before the concerned Labour Commissioner or the Inspector, Shops and Establishment for a resolution in the matter.

Dear client,

In your case, where the company policy states a 90-day notice period or salary (basic) in lieu of notice, here is what the law and good employment practice say:

Can You Leave Early and Still Get Relieving Letter?
The notice period in your offer letter is legally binding as a contract between you and the company. You are required to either work through the 90-day notice or pay salary in lieu of notice (PILON) as allowed by the clause.​

Since you have medical reasons and are willing to pay for the notice period, your manager should ideally consider your request with supporting medical documents, but the final discretion rests with the employer as per your contract language.​

Leaving without serving notice or paying PILON may lead to the company delaying or withholding your relieving letter, as the relieving letter is typically issued after clearance of all dues and compliance with notice requirements.​

What Should You Do?
Keep all communications documented (emails) and formally submit your notice, medical documents, and willingness to pay notice period salary.

Negotiate with HR and escalate formally if required, explaining the urgency due to your father's medical condition.

If company refuses early release, you may have to either serve full notice or pay PILON to get relieving documentation.​

Legal Position
In India, companies usually are bound by contract terms and labor laws which require mutual consent for early release. Unless the company agrees, they can insist on full notice or salary in lieu.​

Courts and labor tribunals respect the contractual notice period unless it is unreasonable or violates statutory minimum or public policy.

Dear Sir,

Send a formal resignation email (keep it professional).

Mention:

Reason for resignation (father’s surgery, need to be with family).

Willingness to pay for short notice.

Request for early relieving.

Attach or offer to share medical documents.

If you follow the above, the company cannot legally withhold your relieving or experience letter, since you have:

Resigned properly,

Offered to pay in lieu of notice, and

Served a reasonable duration.

If they still refuse —

Write a formal letter to HR/Grievance Cell.

If no reply, lodge a complaint with the Labour Commissioner (Amritsar) under Section 18 of the Industrial Disputes Act (for non-issuance of relieving or settlement dues).

Dear client,


Your employment contract clearly provides for a 90-day notice period, and the discretion to accept payment in lieu of notice lies solely with the company. This means the company is not legally required to release you earlier unless it agrees to do so. The clause gives the employer the option, not the employee, to allow notice buyout.

However, your situation, father’s surgery and medical emergency— creates legitimate humanitarian grounds for a compassionate early release request. Still, legal enforceability is limited unless the company consents.

Risks of Leaving Without Acceptance
If you resign and leave without formal acceptance of early release:

The company may mark your exit as “absconding” or “abrupt termination”.

They may withhold your relieving letter.

They may recover salary equivalent to the shortfall in the notice period.

Experience and service letters may get delayed or issued without positive remarks.

While the company cannot lawfully deny basic employment certificates like a service certificate under the Shops & Establishments Act, a relieving letter is discretionary if contractual terms are breached.

Recommended Legal and Practical Steps
Submit a formal resignation email/letter citing urgent family medical condition.

Attach all supporting medical documents.

Clearly request early release or permission to buy out the notice period.

Mention willingness to complete handover and knowledge transfer.

Escalate formally if your manager refuses:

Write to HR, your department head, or the HR head.

If applicable, write to the internal grievance redressal officer or ombudsman.

Document everything in writing. Never rely on verbal conversations.

If refused again and you must leave due to the emergency:

Send a final resignation email stating the unavoidable medical situation, proposed last working day, and your readiness to pay for the notice shortfall.

Attach all correspondence and handover proof.

After leaving, if the company withholds your documents:

Send a legal notice demanding issuance of your relieving/experience letter citing humanitarian grounds and compliance with the Shops & Establishments Act obligations.

Often, companies release documents post legal notice to avoid statutory non-compliance disputes.

You cannot compel the company to release you early as a contractual right, but you can build a humanitarian and equitable case. Proper documentation and escalation increase your chances of a positive outcome. If ultimately denied, legal recourse through a notice from counsel can secure at least your service and experience certification.