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3 Months Notice Plus Garden Leave: Is It Legal? I'm Stressed!

Ashwini

Ashwini Dasgupta  |100 Answers  |Ask -

Personality Development Expert, Career Coach - Answered on Sep 26, 2024

Ashwini Dasgupta is a personality development coach and a neuro-linguistic programming trainer.
She has 15 years of experience training corporate professionals and has worked at Amazon, JP Morgan, Nomura and Satyam among others.
As a career coach, Ashwini specialises in helping growth-minded IT corporate managers develop their self-worth and create the right mindset so that they can achieve their career goals.
Besides corporate training, she offers personal consultations as well.
Ashwini holds a master’s degree in human resources from the Narsee Monjee Institute of Management Studies, Mumbai, and is a certified NLP trainer from the National Federation of NeuroLinguistic Programming, USA.
She has completed her soft skills training and image consultancy course from the Image Consulting Business Institute, Mumbai
Ashwini is also a PoSH trainer, certified by the Society for Human Resource Management.... more
Asked by Anonymous - Aug 16, 2024Hindi
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Career

I worked 2 years in a good publicly listed company. When I joined the contract terms said 3 months notice period. This year in Apr the HR sent over email that there will be Garden leave applicable to leavers on case basis that will be additional to notice period. Now I resigned in Jul'24. My manager has come back saying, I have to serve extra 3 weeks beyond notice period as Garden leave. My next company was already uncomfortable with 3 month notice period as too long and now 3 more weeks is making the situation tense. Please advice what should be my course ? Also, if I don't go with Garden leave and try to join next company after 3 month notice period, will there be any legal implications? Ps: 3 week garden leave is told to me via one to one email from reporting manager and not the HR or any senior executive.

Ans: Dear Sir/ Mam,

Here, the only way is communicating honestly with your new employer and letting them know on the current challenge and in parallel trying to convince your current employer to relieve you early.

Hope this helps
Thanks
Ashwini
www.ashwinidasgupta.com
Career

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Hi sir I could not serve my 3 months notice period however I had served 2 months and asked HR to give me early reliving. I mentioned that my parents are not well and attached medical prescription but they denied and said you to serve complete 3 months. After 2 months I stopped going to office they were sending me absconding mails meanwhile and after 1month they sent me termination letter what shall I do In such case ? I was working there for 2 years.
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Review Your Employment Contract: Check the terms regarding the notice period and termination. There might be provisions for situations like medical emergencies.
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Negotiation: You could attempt to negotiate with your employer, explaining the situation with your parents and seeking a compassionate resolution.
Labor Office: If negotiation fails, you may approach the local labor office or labor court for guidance and to explore options for redressal.
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Hi Sir, in my Company the notice period is 3 months and I got an offer from another Company but asking me to join in 1 month. My Company is not accepting waiver for the waiver for the Notice Period. In this scenario, what are the options available to me under the Employment laws.
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Negotiation: You can try to negotiate with your current employer for an early release. This could involve offering to train a replacement or demonstrating how your early departure won’t negatively impact the team.
Buyout Option: Some companies allow employees to buy out their notice period by paying a sum equivalent to the salary for the remaining notice period.
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Legal Advice: If negotiations fail, you may want to seek legal advice to understand if there are any specific clauses in your employment contract or company policies that could be leveraged in your favor.
Review Employment Contract: Check your employment contract for any clauses that might allow for a shorter notice period under certain circumstances.
Remember, the approach you take should be in line with the terms of your employment contract and the applicable laws. It’s important to handle the situation professionally to maintain a positive relationship with your current employer while transitioning to the new opportunity. Good luck!

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Hi Anu I am a married woman with a very supportive husband and daughter. For last 10 years I am having an affair with a colleague and things are pretty well between us. Both of us have found the comfort and requisite from each other which we missed in married life and it saved our respective marriage though none of our family are aware of it. We balanced this till now effectively. Recently I got an opportunity within the company which is very lucrative and will enhance my career goals altogether however, for this I have to shift to another state. Now , my bf is very upset on this as it means he will not be able to meet me as we do every day. My husband and Daughter is fine with my shifting however my parents who are old are also apprehensive since I am the only child and do take care of them. My husband has assured to support them in absence of me and I have full confidence on him. All throughout my life I have focused on my professional career and have worked towards that and now when I got this opportunity I am emotionally unstable and unable to take the decision. My dilemma is surrounding various aspects. 1- Don’t want to leave my BF as he is my strength. 2- My parents are old and since I being the only child,they ae 3- If I could not perform in the new role then? 4- The daily hardship that I have to take over in a new place as my husband will not shift. 5- Remuneration wise not as such however if you say power then yes. Learning – knowledge enhancement and career upliftment - yes very much. 6- Current role will not grow much however stability as of now do exists. Can you help me to take the decision ?
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All the best!
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Mind Coach|NLP Trainer|Author
Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

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