Hi,
I have received a new job offer from a different company, and they are requesting me to join as soon as possible.
Therefore, I submitted my resignation email to my manager, stating a notice period of 20 days. However, my manager replied via email, stating that I must serve a two-month notice period. I discussed with the Senior Project Manager/Project Manager, explaining that I have minimal responsibilities as I am a project buffer resource. I requested to be released in 20 days, with the option for the company to buy out the remaining 40 days of the notice period. Unfortunately, they did not agree. Following that, my manager responded that my resignation has been accepted, with the Last Working Day (LWD) specified as serving the full 2-month notice period. I am now a little confused about what I should do.
1. The new employer has agreed for me to join on the specified date without a relieving letter, and I need to provide the last two months' salary slips. They are also offering a joining bonus.
2. Could you please advise me on what might happen if I were to leave the company without following the formal process right now? Would the company settle all pending dues later on (such as LTA and Medical reimbursements)? Also, could there be any legal actions taken by the company if I do not serve the full notice period, as mentioned in the terms below:
*Employment with the Company will stand terminated at the end of the financial year in which you attain the age of superannuation (60 years). Termination of employment may also be initiated earlier by either party by serving prior written notice on the other, as per the notice period stipulated in this offer. The Company is also entitled to either waive the notice period in part or in full at its sole discretion or require payment of equivalent base salary in lieu of the unserved notice period. The Company further reserves the right to terminate with sooner effect by tendering equivalent base salary in lieu of the notice period.
In the event of termination of services by either party, the applicable notice period will be two months.
In the event of your serving the company a notice of termination of employment by submitting a resignation letter, your release will be governed by the General Terms and Conditions of Employment in force at that point in time, subject to the satisfactory handing over of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties.
I have completed 13 months in my current company, with a total work experience of around 5.6 years. This is my third company. The new employer is not willing to extend the Date of Joining (DOJ) beyond 7 days, as specified by them. My total notice period being served is approximately 20-25 days, and I have 22 leave days pending.
Could you please guide me on whether I should approach HR for further discussion? If so, what additional aspects should I discuss?
Regards,
Luck123
From India, Calcutta
Acknowledge(0)
Amend(0)
I have received a new job offer from a different company, and they are requesting me to join as soon as possible.
Therefore, I submitted my resignation email to my manager, stating a notice period of 20 days. However, my manager replied via email, stating that I must serve a two-month notice period. I discussed with the Senior Project Manager/Project Manager, explaining that I have minimal responsibilities as I am a project buffer resource. I requested to be released in 20 days, with the option for the company to buy out the remaining 40 days of the notice period. Unfortunately, they did not agree. Following that, my manager responded that my resignation has been accepted, with the Last Working Day (LWD) specified as serving the full 2-month notice period. I am now a little confused about what I should do.
1. The new employer has agreed for me to join on the specified date without a relieving letter, and I need to provide the last two months' salary slips. They are also offering a joining bonus.
2. Could you please advise me on what might happen if I were to leave the company without following the formal process right now? Would the company settle all pending dues later on (such as LTA and Medical reimbursements)? Also, could there be any legal actions taken by the company if I do not serve the full notice period, as mentioned in the terms below:
*Employment with the Company will stand terminated at the end of the financial year in which you attain the age of superannuation (60 years). Termination of employment may also be initiated earlier by either party by serving prior written notice on the other, as per the notice period stipulated in this offer. The Company is also entitled to either waive the notice period in part or in full at its sole discretion or require payment of equivalent base salary in lieu of the unserved notice period. The Company further reserves the right to terminate with sooner effect by tendering equivalent base salary in lieu of the notice period.
In the event of termination of services by either party, the applicable notice period will be two months.
In the event of your serving the company a notice of termination of employment by submitting a resignation letter, your release will be governed by the General Terms and Conditions of Employment in force at that point in time, subject to the satisfactory handing over of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties.
I have completed 13 months in my current company, with a total work experience of around 5.6 years. This is my third company. The new employer is not willing to extend the Date of Joining (DOJ) beyond 7 days, as specified by them. My total notice period being served is approximately 20-25 days, and I have 22 leave days pending.
Could you please guide me on whether I should approach HR for further discussion? If so, what additional aspects should I discuss?
Regards,
Luck123
From India, Calcutta
Acknowledge(0)Amend(0)
Dear Luck123,
Kindly read your appointment letter and check what is mentioned regarding resignation. If it states that you must provide a 2-month notice or pay 2 months' salary in lieu of the notice period, communicate with your current employer to negotiate the buyout of your notice period. Simultaneously, discuss your new assignment with your current Head and request a release within the timeframe you need.
If they do not agree, propose that they deduct the salary in lieu of the notice period during the full and final settlement process. It is not recommended to start a new position without completing the full and final settlement procedures with your current employer. Failure to do so may cause complications if you need a relieving letter from the company in the future.
AMATYA
Acknowledge(0)Amend(0)
4Kindly read your appointment letter and check what is mentioned regarding resignation. If it states that you must provide a 2-month notice or pay 2 months' salary in lieu of the notice period, communicate with your current employer to negotiate the buyout of your notice period. Simultaneously, discuss your new assignment with your current Head and request a release within the timeframe you need.
If they do not agree, propose that they deduct the salary in lieu of the notice period during the full and final settlement process. It is not recommended to start a new position without completing the full and final settlement procedures with your current employer. Failure to do so may cause complications if you need a relieving letter from the company in the future.
AMATYA
Acknowledge(0)Amend(0)
Dear,
In this case, you can join a new company, and they may not ask for a relieving letter. However, when you join another company, you may require it. I suggest that you complete your full and final settlement with your current company and allow them to deduct forty days' salary as you have already served 20 days.
J.S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
In this case, you can join a new company, and they may not ask for a relieving letter. However, when you join another company, you may require it. I suggest that you complete your full and final settlement with your current company and allow them to deduct forty days' salary as you have already served 20 days.
J.S. Malik
From India, Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf