Regarding relieving without completed notice period

If you have handed over the property of the company which was in your custody, throwing in the towel ie resignation letter is enough for you to join another company, you need not wait for relieving letter from company.  That you need only if you still have company property with you.  3 months notice period? contract?  all that wont work in pharma industry where they adopt hire and fire method.

Originally posted by : krutika
	Hello expert, i am working in private MNC pharmaceutical company and I had resigned from my post in first week of march. As per company policy i have 3 month notice period. Giving 3 month notice period is not possible from myside and also i have inform same to my HOD, but they are not ready to relieve me. I have already mentioned my last day in my resignation letter i.e. After one month date. And also same i initimated orally to my HOD also. If i stop attending company after 1 month in case company not ready to relive me than do i get relieving letter and my pending all due money from company.?

Since there was three months notice period, you are legally bound to serve the 3 months or to pay in lieu thereof. It is the discretion of the company to decide whether to relieve you before three months by way of receiving notice pay or not. Such notice period is essential for the company to get your replacement. 

If you stop attending company after 1 month, then the company may give you charge sheet/ show caues for absenting without authority or permission and even initiate domestic enquiry and may finally terminate you. The company may reject your resignation on the ground that enquiry has been initiated. They may also adjust the amount of F&F settlment with notice pay. A company requires to take these kind of actions against employees, otherwise everyone will leave without serving notice period citing the most used "personal issues/ family problems".

In your case, you may negotiate with company and may agree to pay notice pay for additonal 2 months. But again the discretion of releasing you upon the company.