What are the consequences of resigning and not serving out the full notice period?
I've been working in IBM for two years and they use a third-party payroll (Infinite Computer Solution India Limited) for employees.
Before Infinite, my payroll was Netconnect Pvt Ltd.
In February of 2019, IBM canceled the contract with Netconnect and onboarded all employees over to Infinite payroll. In Infinite, the notice period to leave the company was 60 days. In other projects with IBM, the notice period for employees is only 30 days. At the time of switching over to Infinite, we asked about the long notice period and they told us at the time that it all depends on your reporting manager. If they release you on day one, we don't have an issue.
On June 3, 2019, I turned in my resignation to my reporting manager. He asked me to serve 60 days notice and will release me on August 30, 2019. I negotiated with my manager for an August 10th release and he agreed. I forwarded the new agreement to Infinite and they have marked my last working day as September 3, 2019.
Infinite's official notice period is 60 days and the prohibition period is only 90 days. As per IBM policy for a new employee, the prohibition period is 1 year. If you are resigning from your position before completing 1 year, IBM will release you in 30 days notice unless the employee can otherwise complete, then they should need to serve the 90 days notice. My concern is, in the policy, there are major differences between prohibition & notice.
What should I do? I am ready to serve 40 days notice but they aren't willing to release me before 60 days.
Md Nafees Alam