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AK AK AK AK AK AK (Software Engineer)     26 July 2014

Not serving notice 3months due to plans for higher studies



I have a situation : Need some help.


I am working in a top MNC product based  software company in Bangalore since 20 months and now that i want to pursue my higher studies i will not be able to server notice for 90days but informed them that i can make it only 30days which they are not accepting.


Now that given a prior notice that i will not be available after 30th day don't have plans to extend it further, my supervisors are not listening and not ready to relieve. Though i have to tried many times to convince, they are not ready to listen and not ready to relieve me on 30th day of my notice.


I have been trying to call or meet them in person or emails. They are just ignoring and declining my meeting requests.


On the other side they are trying to find minor faults like not working properly & applying sick leave instead of privilege leaves and stuff. I have shown them all the required documentation for my higher studies.


What can i do here to get my experience and relieving letters??? 


 7 Replies

Advocate Ravinder (Advocate/Attorney)     26 July 2014

Once you have entered into service contract you cannot avoid serving of notice.  If you dont want to serve notice, you can pay 3 months payment.  Even if they harass you, file a complaint before Labour commission.  You will get some relief.

AK AK AK AK AK AK (Software Engineer)     26 July 2014

Thanks for the support Ravinder.P sir.


As you said, i would like pay the amount for the notice. However, the situation is like " If you want to stay, you can stay. Otherwise you can abscond by yourself ". These words are told verbally from my HR. 

I really dont know what they want, inspite of completing my work on day to day basis and working sincerely.

AK AK AK AK AK AK (Software Engineer)     26 July 2014

But here i can say that i am serving my notice and will serve only for 1 month for sure and doing my work sincerely. I have asked them that i can also help you in finding replacement or can do Knowledge transfer anytime. But they are not willing to take my help and least bothered.. I dont understand what is their problem here. " It looks like they want me to just run away so that they cannot be blamed and put the blame completely on me and not give me my exp & rel letters"

Advocate Ravinder (Advocate/Attorney)     26 July 2014

Normally these HR people in collusion with the company will do cheap tricks and play with the lives of desperate employees.  Give a legal notice to the company stating that you are ready to pay three months salary and you want relieving letter and experience letter and what ever you need you can state in the legal notice. Wait for 15 days and then complaint before the labour commission by furnishing the office copy of the legal notice.  Naturually the will give you reply to your legal notice stating the same thing that you have absconded.  Then collect proofs that you have not absconded and you are ready to give three months salary amount.  You have to convince the labour commission.

T. Kalaiselvan, Advocate (Advocate)     28 July 2014

There is a subject called buying out the notice period.  Therefore as suggested, you send a notice in writing by registered post informing your intention to quit the job with buying out the notice period and request them to accept your resignation as per the terms of the offer/appointment letter, let them give a reply and you take action accordingly.

Sandeep Hegde(89 717 84 550) (Advocate)     30 July 2014

Before stopping from attending your duties, you must send them legal notice offering buying out of  balance notice period.


Upon delivery of notice you leave to further studies.


Usually employers does not approach court as it's very difficult for them to litigate in court.


If future you can show legal notice to your new employer and state that you filed resignation and offered to buy notice period but they didn't obliged your request.

For further assistance please feel free to contact me.




Sandeep Hegde

Kumar Doab (FIN)     01 August 2014



Your Line Managers, HR personnel are not your employer and are just another employee in the company.



Did you submit notice of resignation by letter thru Redg. Post, Or by email or in some software ‘Resignation Tool’?

Submit notice of resignation mentioning notice period in it, preferably by letter addressed to appointing authority thru Redg. Post. You can mention the reason as it is a valid reason.

Affirm in subsequent communications that notice pay be adjusted in FnF statement and same be supplied to you for verification and acceptance by you along with acknowledgment of notice of resignation, acceptance of resignation, service certificate, Form16 as per correct FnF statement, Relieving letter, PF number and PF a/c slips for entire tenure of service, ESIC card, payment of FnF dues by bank DD only, NOC/NDC so as to reach you by redg. post within and up to last date in office after expiry of notice period of ………………days tendered by you i.e. dated………….. .

Notice period is not dependant on just T&C inserted in appointment letter.

You may find many threads on similar subject relevant and can pick up relevant points e.g.; however pls do not jump to any conclusions until the merits in your specific matter are assessed by your able Labor law Consultant/Service Lawyer.





It shall be appropriate to visit a Labor Consultant/Service lawyer along with elders in the family and show all docs on record, give inputs in person, understand the merits and pursue the most suitable option to you.


Let your lawyer draft and structure all of your communications/representations  now so as to suit your long term interest and also to prove on record that your line managers, HR personnel had turned vindictive, zeleous, biased, and their intention was malafide.............

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