Hello All,
I work for an MNC that has a notice period of 90 days as an Associate Manager in Risk and Compliance. I received an offer from a company with a raise in designation and pay, and they wanted me to join their company in 45 days from the offer rollout as they have an urgent requirement. The HR from the new company even offered to buy out my remaining notice period of 45 days. However, my current management does not want to release me even a day earlier than the 90 days. Also, they are not willing to hire someone externally for my position at the moment due to a freeze in hiring for support functions in our company. However, my reporting manager has a large team of close to 20 personnel reporting to him. So, I requested my manager to distribute my workload among my peers and release me from duties in 45 days. Unfortunately, my manager is not willing to do so. When I raised my concerns to HR, he even threatened to fire me for non-performance and assured that I will not get any other job through his connections. To my surprise, my HR is just a silent spectator and has not provided any amicable solution to the situation.
Now, my new organization wants me to join on July 27, 2015 (which is after 45 days of notice).
In this situation, what could be the solution to my problem? Is it mandatory to serve the full notice period in companies? Is there no option for an employee to leave the organization at his own will after completing the knowledge transfer?
I request your expert opinion to help me save my job.
Thanks and Regards,
SVRA
From India, Delhi
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I work for an MNC that has a notice period of 90 days as an Associate Manager in Risk and Compliance. I received an offer from a company with a raise in designation and pay, and they wanted me to join their company in 45 days from the offer rollout as they have an urgent requirement. The HR from the new company even offered to buy out my remaining notice period of 45 days. However, my current management does not want to release me even a day earlier than the 90 days. Also, they are not willing to hire someone externally for my position at the moment due to a freeze in hiring for support functions in our company. However, my reporting manager has a large team of close to 20 personnel reporting to him. So, I requested my manager to distribute my workload among my peers and release me from duties in 45 days. Unfortunately, my manager is not willing to do so. When I raised my concerns to HR, he even threatened to fire me for non-performance and assured that I will not get any other job through his connections. To my surprise, my HR is just a silent spectator and has not provided any amicable solution to the situation.
Now, my new organization wants me to join on July 27, 2015 (which is after 45 days of notice).
In this situation, what could be the solution to my problem? Is it mandatory to serve the full notice period in companies? Is there no option for an employee to leave the organization at his own will after completing the knowledge transfer?
I request your expert opinion to help me save my job.
Thanks and Regards,
SVRA
From India, Delhi
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To add below are the terms and conditions of the current employer:
- The employee may terminate the contract of employment by giving 90 days' written notice to the Company. The waiver of the notice period, fully or partially, is at the Company's sole discretion. However, the Company will also be entitled to terminate the contract of employment without assigning any reasons thereof by giving 90 days' written notice or by payment of 3 months' last drawn Basic salary in lieu thereof to the employee.
- The company shall be entitled to accept your prospective resignation with effect from a date earlier than the one offered by you and thus relieve you at any time during your notice period as the notice is for the benefit of the management and the balance notice period can be waived at any time by the management. In such an event, however, you shall be paid a basic salary for the remaining period of your notice. In case the management, at your request, accepts a shorter period of notice, you shall be entitled to receive your salary only for the actual number of days worked.
- Your resignation shall become effective as soon as the management accepts it. The management shall be competent to withhold its acceptance in respect of your resignation in case dues are recoverable from you or if you are under suspension and/or disciplinary proceedings are pending or contemplated against you or for any other reasons. After having elected to resign and given the intimation to this effect, you shall be debarred from withdrawing your resignation except with the written permission of the management.
From India, Delhi
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- The employee may terminate the contract of employment by giving 90 days' written notice to the Company. The waiver of the notice period, fully or partially, is at the Company's sole discretion. However, the Company will also be entitled to terminate the contract of employment without assigning any reasons thereof by giving 90 days' written notice or by payment of 3 months' last drawn Basic salary in lieu thereof to the employee.
- The company shall be entitled to accept your prospective resignation with effect from a date earlier than the one offered by you and thus relieve you at any time during your notice period as the notice is for the benefit of the management and the balance notice period can be waived at any time by the management. In such an event, however, you shall be paid a basic salary for the remaining period of your notice. In case the management, at your request, accepts a shorter period of notice, you shall be entitled to receive your salary only for the actual number of days worked.
- Your resignation shall become effective as soon as the management accepts it. The management shall be competent to withhold its acceptance in respect of your resignation in case dues are recoverable from you or if you are under suspension and/or disciplinary proceedings are pending or contemplated against you or for any other reasons. After having elected to resign and given the intimation to this effect, you shall be debarred from withdrawing your resignation except with the written permission of the management.
From India, Delhi
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You must raise the level to HOD HR or even above on this issue. It appears that your manager has his own way of doing things and is blocking your departure. The agreement gives a lot of discretion to management to relieve an employee even before 90 days. Offer notice period pay for a certain period clearly in writing and ask for release. I think higher management may take a broader view on the subject.
From India, Pune
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3180From India, Pune
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Hello SVRA,
On what basis did you presume that you could get an early relieving and promised the new company that you could join earlier than 90 days? Especially when your Appointment Letter clearly states, "The waiver of notice period fully or partially is at the company's sole discretion."
Now, that's the legal and factual position. An identical situation was in discussion recently in this forum.
[Link to forum discussion: https://www.citehr.com/532740-urgent-suggestion-required.html]
Coming to the practical/industry scenario in your case, some companies have strong technical managers whose writ runs large. The role of HR usually is secondary. This is more so in organizations where the technical/functional roles are highly client-centric, and any small slip-up can cause severe loss/damage to the company—whether monetary, reputation, delivery deadlines, etc. Prima facie, your role suggests this could be the situation in your company.
Other companies have strong HR departments where the role of technical managers becomes secondary—companies that are usually involved in activities that have some leeway in timelines and costings.
I know of technology-based MNCs where the company prefers the employee to just sit and collect his/her salary rather than relieve him/her earlier, even if the KT is done. Here the focus is not on the individual employee's case under consideration but the long-term effect of employee expectations/precedence.
We have handled candidates from such companies, and our clear instruction to them before the interviews is: "Put the actual fact on the table and don't give false hopes." Clients accept such situations, presuming the candidate did the interview very well and deserves the wait.
Frankly, you made a mistake by assuming something on which you have no control and further going ahead and making commitments based on such a premise. You could have checked out before you committed to the new company.
Coming to the options available to you now, firstly, forget about what your boss said, "he even threatened stating that he will fire me on reasons of non-performance and will ensure that I will not get any other job with his connections." It is most likely filibustering. However, he is quite likely to make your life hell in other ways.
Do you have the option of taking back your resignation? The downside of this would be reduced responsibilities and possible profiling. In such an event, be clear that you will need to change jobs to take your career forward, but with better and careful planning the next time.
The second option would be to explain the situation to the new company and try to convince them to wait. I suggest not informing them of the "at the company's sole discretion" clause, though they may guess it. If you do that, be prepared to hear an earful, on the same lines as what I mentioned above. You may also need to prove that this is a genuine case of unexpected delay in getting relieved rather than trying to use their offer for a better one.
I can't see a third option.
All the best.
Regards,
TS
From India, Hyderabad
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On what basis did you presume that you could get an early relieving and promised the new company that you could join earlier than 90 days? Especially when your Appointment Letter clearly states, "The waiver of notice period fully or partially is at the company's sole discretion."
Now, that's the legal and factual position. An identical situation was in discussion recently in this forum.
[Link to forum discussion: https://www.citehr.com/532740-urgent-suggestion-required.html]
Coming to the practical/industry scenario in your case, some companies have strong technical managers whose writ runs large. The role of HR usually is secondary. This is more so in organizations where the technical/functional roles are highly client-centric, and any small slip-up can cause severe loss/damage to the company—whether monetary, reputation, delivery deadlines, etc. Prima facie, your role suggests this could be the situation in your company.
Other companies have strong HR departments where the role of technical managers becomes secondary—companies that are usually involved in activities that have some leeway in timelines and costings.
I know of technology-based MNCs where the company prefers the employee to just sit and collect his/her salary rather than relieve him/her earlier, even if the KT is done. Here the focus is not on the individual employee's case under consideration but the long-term effect of employee expectations/precedence.
We have handled candidates from such companies, and our clear instruction to them before the interviews is: "Put the actual fact on the table and don't give false hopes." Clients accept such situations, presuming the candidate did the interview very well and deserves the wait.
Frankly, you made a mistake by assuming something on which you have no control and further going ahead and making commitments based on such a premise. You could have checked out before you committed to the new company.
Coming to the options available to you now, firstly, forget about what your boss said, "he even threatened stating that he will fire me on reasons of non-performance and will ensure that I will not get any other job with his connections." It is most likely filibustering. However, he is quite likely to make your life hell in other ways.
Do you have the option of taking back your resignation? The downside of this would be reduced responsibilities and possible profiling. In such an event, be clear that you will need to change jobs to take your career forward, but with better and careful planning the next time.
The second option would be to explain the situation to the new company and try to convince them to wait. I suggest not informing them of the "at the company's sole discretion" clause, though they may guess it. If you do that, be prepared to hear an earful, on the same lines as what I mentioned above. You may also need to prove that this is a genuine case of unexpected delay in getting relieved rather than trying to use their offer for a better one.
I can't see a third option.
All the best.
Regards,
TS
From India, Hyderabad
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If your new company does not mind (in case you are fired for non-performance) and is also willing to pick up the possible notice period payment, you may not worry about what your present employer does. Consult the new employer about this. Is it possible that the present employer may file a suit against you? What will be the response of the new employer in such a case?
I am not an HR person, much less an HR expert.
A S Bhat
From India, Pune
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I am not an HR person, much less an HR expert.
A S Bhat
From India, Pune
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Thank you for your responses NATHRAO and TAJSATEESH.
TAJSATEESH, I have conveyed the scenario to the HR heads of the new employer, explaining the situation and requesting an extension for my joining day. However, the new employer's HR is asking me to write to my current employer stating that I cannot serve more than 45 days as the new job requires me to join, and that XX will be the Last Working Day (LWD) with my assets being handed over to the company. The new employer assures that they will give exception approval and take me in without any problem. However, it's important to note that once I take this step, my current employer may revoke my resignation and report me for absconding termination.
Please suggest the best course of action in this situation.
From India, Delhi
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TAJSATEESH, I have conveyed the scenario to the HR heads of the new employer, explaining the situation and requesting an extension for my joining day. However, the new employer's HR is asking me to write to my current employer stating that I cannot serve more than 45 days as the new job requires me to join, and that XX will be the Last Working Day (LWD) with my assets being handed over to the company. The new employer assures that they will give exception approval and take me in without any problem. However, it's important to note that once I take this step, my current employer may revoke my resignation and report me for absconding termination.
Please suggest the best course of action in this situation.
From India, Delhi
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Hello SVRA,
The new company's HR is obviously taking care of their interest, and the present company theirs.
Now, who will take care of your interest... obviously has to be you, right?
It may be okay for the new company's HR to accept you with all procedures bypassed. But what happens when you change from there? You surely will need the experience letter of the present company for your career records to ensure there are no apparent gaps. You can very well imagine what will happen in such a scenario.
Hence, the suggestions given still stand.
In the given situation, I guess you have only one option.
Inform the new company's HR that your present boss (not HR... for all you know, both HRs may know each other) has told you that he will ask HR (present) to file a case against you. Since you can't be sure if he is serious, suggest to the new HR that in case he is serious and really goes the legal way, then focusing on the new job will become difficult and will not be good for both you and the new company.
If you have done the interview well, then most likely they will wait for you.
You can also suggest, if it's practical for you and the new company, that you can offer your services over the weekends until you join formally. Not that this will be agreed to, just conveys that you are serious to join.
And finally, please be mentally prepared for the worst-case scenario, which is the new company dropping their offer.
It always pays to work towards the best-case scenario but prepare for the worst-case scenario.
All the best.
Regards,
TS
From India, Hyderabad
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The new company's HR is obviously taking care of their interest, and the present company theirs.
Now, who will take care of your interest... obviously has to be you, right?
It may be okay for the new company's HR to accept you with all procedures bypassed. But what happens when you change from there? You surely will need the experience letter of the present company for your career records to ensure there are no apparent gaps. You can very well imagine what will happen in such a scenario.
Hence, the suggestions given still stand.
In the given situation, I guess you have only one option.
Inform the new company's HR that your present boss (not HR... for all you know, both HRs may know each other) has told you that he will ask HR (present) to file a case against you. Since you can't be sure if he is serious, suggest to the new HR that in case he is serious and really goes the legal way, then focusing on the new job will become difficult and will not be good for both you and the new company.
If you have done the interview well, then most likely they will wait for you.
You can also suggest, if it's practical for you and the new company, that you can offer your services over the weekends until you join formally. Not that this will be agreed to, just conveys that you are serious to join.
And finally, please be mentally prepared for the worst-case scenario, which is the new company dropping their offer.
It always pays to work towards the best-case scenario but prepare for the worst-case scenario.
All the best.
Regards,
TS
From India, Hyderabad
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Hi,
Please review your appointment letter terms and conditions. If you find a clause stating that you can either serve your notice or pay in lieu of notice period, follow these steps: Send a copy of your resignation letter to your manager and HR via registered post. On your last working day, hand over the assets and obtain a signature confirming the handover of work and assets.
Ideally, try to resolve the situation amicably. Remember, no one can compel you to work if you do not wish to do so.
From India, Chandigarh
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Please review your appointment letter terms and conditions. If you find a clause stating that you can either serve your notice or pay in lieu of notice period, follow these steps: Send a copy of your resignation letter to your manager and HR via registered post. On your last working day, hand over the assets and obtain a signature confirming the handover of work and assets.
Ideally, try to resolve the situation amicably. Remember, no one can compel you to work if you do not wish to do so.
From India, Chandigarh
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