- This topic has 10 replies, 5 voices, and was last updated 1 year, 2 months ago by
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SI’m a fresher who joined this very reputed and popular company straight out of college and have only spent 6 months here.
I have resigned a few days back, but the HR department of my company is forcing me to serve the full 30-day notice period.
I can only serve 20 days and am ready to buy out the remaining days. My reporting manager, who is also the plant head, has approved my early release. The plant’s operations have zero dependency on me.
According to the company’s policy, an employee can exit early by buying out the rest of the notice period with the approval of the reporting manager. Despite this, the head HR department rejected my request.
To make it worse, I’ve seen others leave without notice or compensation, and yet when I try to follow the proper process and offer to buy out the notice period, they act like it’s not even an option.
Can HR legally force me to stay against my will? And if the company policy itself allows early exit with manager approval, can they still deny it?
What will happen if I just leave 10 days before?
Will I get a relieving letter? Will they sue me?
I don’t care and I don’t want any experience certificate for the time I spend here. -
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INAL
What’s their in your contract? Is it specifically written that you cannot buy out your contract or you can, depending on company’s discretion? If so, then yes, you have to serve. But, the lawyers would be able to suggest if something on the contract breaks the law like mandating servitude or any other parts of the contract.
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S“The notice period to be served by the Company in case of termination during probation will be 1 month and in case the employee decides to leave, he/she wil have to serve 1 month notice period. In case the Reporting Manager approves early exit such employee will have to pay the balance shortfall in notice period to the company.”
These are the exact words in the company policy regarding termination of contract during probation. In the contract, it was mentioned that the trainee has to serve a one month notice period if leaving the company. It doesn’t mention anything regarding buying out.
What do you think? 🤔
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BYou’ve resigned, and the HR is playing hardball on you about that damn notice period, even though you’ve got your reporting manager’s approval. You’re ready to pay them off for the remaining time, but they won’t budge. So here’s the blunt truth:
1. **Company Policy and Legal Standpoint**: The company’s policy says you need to serve a full 30 days if you’re leaving during probation, but it also says you can exit early with your manager’s approval **if you buy out the remaining time**. You’ve got the manager’s approval in writing, which is key here. The HR department **cannot** just ignore the policy or deny it. **Legally**, you’re in the clear because the policy *does allow* for a buyout, and you’re offering it. Their job is to follow the policy, not make up their own rules.
2. **Can HR Force You to Stay?** No, they cannot force you to stay if you’re willing to pay for the buyout and you have the manager’s approval. **That’s not how things work**. If you leave without serving the full notice period and without paying the buyout, they could technically hold you liable for the shortfall, but they can’t just **keep you trapped** against your will when you’ve followed the procedures laid out in the policy.
3. **What Happens If You Leave Early?**
– If you leave 10 days early without paying the buyout, you’re technically **breaching the contract**, and they could make a claim against you for the unpaid portion of the notice period.
– You *could* lose your **relieving letter** (they might hold it hostage) and they could refuse to issue any **experience certificate**.
– **Can they sue you?** Technically yes, but it’s not likely. Unless you’re in a highly formalized, complex setup, suing over a breach of probationary contract is **rarely worth it** for them, especially for a fresher who’s been there only 6 months. They would have to prove the financial loss, and let’s be honest, they’re not going to go through that trouble over someone who’s leaving after a short stint.4. **What Should You Do?**
– **Fight for your rights**. If they’re not following their own policy, you have every right to escalate. Go over HR’s head if needed. You’ve got your manager’s approval, so the ball is in HR’s court to explain why they’re blocking it.
– **Leave early anyway** if you’re prepared to take the consequences. But understand, if you leave before paying the buyout, they may not let you walk away with the relieving letter or anything else.
– If you **don’t care about a relieving letter or certificate**, then just leave, but keep in mind the risks. You’ll likely **burn bridges** if you leave without following the proper process, and word gets around in the industry. Your choice, but it could make it harder for you later.Bottom line: **They can’t legally hold you hostage** if you’ve followed the company policy, and **the policy itself** supports your decision to buy out the notice period. Don’t let HR bully you. Either force them to follow the rules or leave early and accept the consequences. But don’t sit around playing their game while they change the rules to suit themselves.
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