Dear All,
I've been working with a private company for almost 6 years and recently resigned from that position as I got a better offer outside. I gave a 1-month notice period (because that's the time period I'm expected to join the new company). However, my current employer is enforcing a 3-month notice period on me. I agree that my appointment order states that I have to serve a 3-month notice period, but it also includes the clause: "In case the employee requests for release without serving the complete notice period, he/she is liable to pay liquidated damages towards the shortfall in the notice period. This is calculated based on the last drawn/maintained basic pay component of the home location salary of the employee. Management reserves the right to decide on such cases for early release."
I have discussed this matter up to the 3rd level manager, but all are insisting that as per company policy, I must serve a 3-month notice period. Some have been very rude. I have not yet discussed this with my prospective employer as I am afraid they might say they cannot wait for 3 months.
I am not quite sure what my options are here, or what to do next. I simply do not want to lose the job offer.
Kindly help me in this case.
Thanks,
Jagadish
From India
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I've been working with a private company for almost 6 years and recently resigned from that position as I got a better offer outside. I gave a 1-month notice period (because that's the time period I'm expected to join the new company). However, my current employer is enforcing a 3-month notice period on me. I agree that my appointment order states that I have to serve a 3-month notice period, but it also includes the clause: "In case the employee requests for release without serving the complete notice period, he/she is liable to pay liquidated damages towards the shortfall in the notice period. This is calculated based on the last drawn/maintained basic pay component of the home location salary of the employee. Management reserves the right to decide on such cases for early release."
I have discussed this matter up to the 3rd level manager, but all are insisting that as per company policy, I must serve a 3-month notice period. Some have been very rude. I have not yet discussed this with my prospective employer as I am afraid they might say they cannot wait for 3 months.
I am not quite sure what my options are here, or what to do next. I simply do not want to lose the job offer.
Kindly help me in this case.
Thanks,
Jagadish
From India
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Please check with your new company if there is any buyout option available. If not, you can send a formal resignation email to your HR stating that you have resigned effective immediately. Keep a copy of it. Also, have a discussion with your new HR and explain your concerns. If the company is willing to accept you without a relieving letter, then it's fine. You can also show them your last 3 months' payslips.
All the best.
Regards,
Matheen.R
From India, Madras
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3All the best.
Regards,
Matheen.R
From India, Madras
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Thank you, Matheen and Pon, for your response. The problem is my current employer is not agreeing to a buyout of the notice period. I'll discuss this with the new HR; let's see how it goes. In any case, if I leave without a relieving letter, what future consequences might I face (considering my primary experience is with my current employer)? Will I still be able to retrieve my PF and gratuity?
Best regards, Jagadish
From India
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Best regards, Jagadish
From India
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I don't think it will have any bearing on your PF if you leave without completing the notice period, but it may affect your Gratuity. Weigh the options; if your Gratuity is more than the amount payable on account of the shortfall in the notice period, it's better to pay for the shortfall and get relieved systematically to avoid any future consequences.
Pon
From India, Lucknow
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Pon
From India, Lucknow
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Hi Seniors! Isn't there any law or Act in India to stop companies from enforcing a 3-month notice period? This is really not fair to the employees when new companies do not wait for three months as they themselves will not wait for such a long period. Are they not exploiting employees?
Legality of Resignation Acceptance
Is it legal for a company not to accept the resignation in a normal situation where the employee is ready to serve the notice period?
From India, Mumbai
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Legality of Resignation Acceptance
Is it legal for a company not to accept the resignation in a normal situation where the employee is ready to serve the notice period?
From India, Mumbai
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Notice period-Resignat ion-Excerpts from Lawyers Club India.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf