2, Is it necessary to serve notice period while ending a employee employer relationship
The Short Answer
There is no right or wrong answer to this.
From a legal standpoint, a notice period is an agreement that has been contracted between both the parties, which means the organisation and the individual.
Therefore, realistically speaking, none of the parties can force the other party to serve the notice period.
none of the parties can force the other party to serve the notice period
Whatever serving of the notice period is done, that is only from a standpoint of professional etiquette, moral duties and fear.
Is Serving a Notice Period Mandatory When Leaving a Job?
It’s a very pertinent question to be asked whether, it is necessary for an individual who is resigning or leaving an organisation to forcefully serve the notice period, or they should just leave the current employer, as per the whims and fancies of the new employer and their joining dates.
There is no right or wrong answer to this.
The Legal Standpoint
If we were to talk specifically, from a legal standpoint, then, yes, a notice period is an agreement that has been contracted between both the parties, which means the organisation and the individual.
And the agreement in most of the cases would also state that, if one of the parties does not wish to serve the notice period, they need to just pay that money in lieu of that.
Therefore, realistically speaking, none of the parties can force the other party to serve the notice period.
none of the parties can force the other party to serve the notice period
Why Then Do People Serve Notice Periods?
Whatever serving of the notice period is done, that is only from a standpoint of professional etiquette, moral duties, and more so, sometimes from fear, that, should I not do this activity of not serving notice period, there is going to be a repercussion.
Whatever serving of the notice period is done, that is only from a standpoint of professional etiquette, moral duties and fear
The Practical Reality
So, it depends on how you are able to negotiate with the new employer or with the existing employer in terms of reducing the notice period or in terms of paying for the notice period or specifically in terms of not serving the notice period at all.
Reiterating the Core Question
It’s a very pertinent question to be asked whether, it is necessary for an individual who is resigning or leaving an organisation to forcefully serve the notice period, or they should just leave the current employer, as per the whims and fancies of the new employer and their joining dates.
There is no right or wrong answer to this.
If we were to talk specifically, from a legal standpoint, then, yes, a notice period is an agreement that has been contracted between both the parties, which means the organisation and the individual.
And the agreement in most of the cases would also state that, if one of the parties does not wish to serve the notice period, they need to just pay that money in lieu of that.
Therefore, realistically speaking, none of the parties can force the other party to serve the notice period.
none of the parties can force the other party to serve the notice period
Whatever serving of the notice period is done, that is only from a standpoint of professional etiquette, moral duties, and more so, sometimes from fear, that, should I not do this activity of not serving notice period, there is going to be a repercussion.
Whatever serving of the notice period is done, that is only from a standpoint of professional etiquette, moral duties and fear
So, it depends on how you are able to negotiate with the new employer or with the existing employer in terms of reducing the notice period or in terms of paying for the notice period or specifically in terms of not serving the notice period at all.
