Hi Seniors,
I have resigned from my current organisation since i got a very good opportunity in some other company.My current organisation want me to serve 60 days notice period which is not possible for me as the other company has given me only 30 days time however i resigned by giving 40 days notice period as i have 20 days leave balance with me which makes the total to 60.
Now i got an email from the new company to confirm the joining date .I am not sure what to answer.. i dont' want to miss this opportunity if some senior would guide me for it that would be a great help.
My current organisation is also saying that they would terminate me if i did not serve 60 days notice period is it possibel ?.I do not have much idea about it need a guidence from your end .Please suggest
From India, Gurgaon
I have resigned from my current organisation since i got a very good opportunity in some other company.My current organisation want me to serve 60 days notice period which is not possible for me as the other company has given me only 30 days time however i resigned by giving 40 days notice period as i have 20 days leave balance with me which makes the total to 60.
Now i got an email from the new company to confirm the joining date .I am not sure what to answer.. i dont' want to miss this opportunity if some senior would guide me for it that would be a great help.
My current organisation is also saying that they would terminate me if i did not serve 60 days notice period is it possibel ?.I do not have much idea about it need a guidence from your end .Please suggest
From India, Gurgaon
Hi,
I you are having 60 days notice period and you should serve full notice period for your smooth exit from the org. it will depend upon your organization policy whether balanced leave are included in notice period or not.
I will suggest you talk to HR and request him to relive you and assure them you will clear all dues. If they don't agree then pls talk to new org HR and tell them your situation and ask for more time to join. I am sure they had waited for you for 40 days they can wait for 20 more days.
Never brake the bridge you might have pass to pass through it again in future.
For more info:White Eagle: Notice Period
White Eagle: legal aspect for Notice pay
From India, Hyderabad
22I you are having 60 days notice period and you should serve full notice period for your smooth exit from the org. it will depend upon your organization policy whether balanced leave are included in notice period or not.
I will suggest you talk to HR and request him to relive you and assure them you will clear all dues. If they don't agree then pls talk to new org HR and tell them your situation and ask for more time to join. I am sure they had waited for you for 40 days they can wait for 20 more days.
Never brake the bridge you might have pass to pass through it again in future.
For more info:White Eagle: Notice Period
White Eagle: legal aspect for Notice pay
From India, Hyderabad
Check your contract for buying notice period option. Ask the HR if you can buy out the notice period.
If its possible then check with HR what would be the notice period amount and let the new company know that you can join earlier provided they buy your notice period. This will help you get relieved early without any financial implications.
Also no company can force you to serve notice period.If 60 days is mentioned in the offer letter that is the maximum number of days that you would be required to serve, however if you have a good relationship with your supervisor, let him know that you have health problems or family issues hence you cant serve 60 days and want his/her help to get relieved early.
It works!! If you take leave and sit at home they will be forced to relieve you.
Secondly if you dont serve notice period ask your new organization if they will accept a RESIGNATION ACCEPTANCE LETTER. If yes on the formal email that you would have sent to your supervisor for resignation take print of it and get it signed by your supervisor or HR. Even if he/she has responded on email that is sufficient as a resignation acceptance letter. In that case you can serve 30-40 days whatever is agreed btw you and your supervisor and then join the new place with the letter.
Final settlement and relieving letter anyhow take 30-40 days to process for any company.
Regards,
Priyanka
From India
If its possible then check with HR what would be the notice period amount and let the new company know that you can join earlier provided they buy your notice period. This will help you get relieved early without any financial implications.
Also no company can force you to serve notice period.If 60 days is mentioned in the offer letter that is the maximum number of days that you would be required to serve, however if you have a good relationship with your supervisor, let him know that you have health problems or family issues hence you cant serve 60 days and want his/her help to get relieved early.
It works!! If you take leave and sit at home they will be forced to relieve you.
Secondly if you dont serve notice period ask your new organization if they will accept a RESIGNATION ACCEPTANCE LETTER. If yes on the formal email that you would have sent to your supervisor for resignation take print of it and get it signed by your supervisor or HR. Even if he/she has responded on email that is sufficient as a resignation acceptance letter. In that case you can serve 30-40 days whatever is agreed btw you and your supervisor and then join the new place with the letter.
Final settlement and relieving letter anyhow take 30-40 days to process for any company.
Regards,
Priyanka
From India
Hi,
Am working in IT MNC as Manager and as per policy of company the notice period is 90 days. Have resigned and stated in my resignation that am serving notice period of 90 days. Have no intention to reduce my notice period as well as leave the comapny during my notice period. My Supervisor has thretened me that he will blacklist me if i donot take my resignation back. secondly he is now forcing me to do task and said that he will not relieve me untill i finish that task.
Now my Question is can present company can go beyond 90 days notice period. What if i donot get releiving letter even serving my notice period.
Regards
Prosenjit
From India, Gurgaon
Am working in IT MNC as Manager and as per policy of company the notice period is 90 days. Have resigned and stated in my resignation that am serving notice period of 90 days. Have no intention to reduce my notice period as well as leave the comapny during my notice period. My Supervisor has thretened me that he will blacklist me if i donot take my resignation back. secondly he is now forcing me to do task and said that he will not relieve me untill i finish that task.
Now my Question is can present company can go beyond 90 days notice period. What if i donot get releiving letter even serving my notice period.
Regards
Prosenjit
From India, Gurgaon
Hi Prosenjit,
Ideally your supervisor should not threaten you as its against the law. There is no bond as per indian labour laws. However if your offer letter states 90 days then there would be an option to buy out the notice period too. Also if you are incapable of serving the notice period your supervisor or the company cannot force you to serve the notice period. However they can recover notice pay amount from you in the final settlement. You could give medical reasons and provide them with a medical certificate that you are physically unfit to work for x no of days. They will be forced to relieve you.
Since your contract says 90 days they cannot extend your relieving date beyond 90 days counting from the day you emailed or communicated your resignation to your supervisor. If they do you can take legal action. Keep copy of email or formal communication handy.
They will have to give you the relieving letter on your last working day. They cannot hold it beyond 90 days. However your full and final settlement may not be given to you on the last working day. It usually comes in a months time after you resign.
Also if you have leave balance you can adjust it with reducing your notice period days.
Regards,
Priyanka
From India
Ideally your supervisor should not threaten you as its against the law. There is no bond as per indian labour laws. However if your offer letter states 90 days then there would be an option to buy out the notice period too. Also if you are incapable of serving the notice period your supervisor or the company cannot force you to serve the notice period. However they can recover notice pay amount from you in the final settlement. You could give medical reasons and provide them with a medical certificate that you are physically unfit to work for x no of days. They will be forced to relieve you.
Since your contract says 90 days they cannot extend your relieving date beyond 90 days counting from the day you emailed or communicated your resignation to your supervisor. If they do you can take legal action. Keep copy of email or formal communication handy.
They will have to give you the relieving letter on your last working day. They cannot hold it beyond 90 days. However your full and final settlement may not be given to you on the last working day. It usually comes in a months time after you resign.
Also if you have leave balance you can adjust it with reducing your notice period days.
Regards,
Priyanka
From India
Hi Priyanaka,
Thanks a ton for your suggestion and advise!
Have one more question that the resignation in current organization has to be put in HR system which i have already done it. i have recieved the copy of resignation but have not got resignation acceptance letter. Kindly advise if this can be used as tool to extend my notice period.
Regards
sanjay
From India, Gurgaon
Thanks a ton for your suggestion and advise!
Have one more question that the resignation in current organization has to be put in HR system which i have already done it. i have recieved the copy of resignation but have not got resignation acceptance letter. Kindly advise if this can be used as tool to extend my notice period.
Regards
sanjay
From India, Gurgaon
Hi Sanjay,
You must have also sent an email to your manager informing about your resignation and info being submitted in the HR System. If so then the reply to your email can be kept as a resignation acceptance letter. I am sure your manager would have replied with notice period or last releiving date on the email. For such emails the turn around time is about 24-48 hours.
The organization will start calcultating your notice period from the date the resignation is entered in the HR system and not the date you email. Eg: 1st April to sent an email to yr manager and 3rd April you initiated the process in the HR System. Then your resignation date will be taken as 3rd April and not 1st April.
In case you did not send an email to your manager, then you can do that now too. Just make reference to the date you initiated the exit process on the HR system in the email and ask if notice period can be reduced given you have xx no of days in leave balance. Also mention reason for leaving as personal or health or something like that. Request ask for an early relieving date along with no of days as notice period to be served. Also mention that you are working on your handover document and in case this needs to be handed over to someone in the team do let me know...This way you will get a sure shot reply from your manager. Take print of the mail response received along with the chain mail of your resignation. This can be treated as resignation acceptance letter and even if you do not get a relieving letter this will b sufficient. Last day you can go to HR and ask them to give you a relieving letter. They will give it to you or tell you a time frame in which it can be collected.
Regards,
Priyanka
From India
You must have also sent an email to your manager informing about your resignation and info being submitted in the HR System. If so then the reply to your email can be kept as a resignation acceptance letter. I am sure your manager would have replied with notice period or last releiving date on the email. For such emails the turn around time is about 24-48 hours.
The organization will start calcultating your notice period from the date the resignation is entered in the HR system and not the date you email. Eg: 1st April to sent an email to yr manager and 3rd April you initiated the process in the HR System. Then your resignation date will be taken as 3rd April and not 1st April.
In case you did not send an email to your manager, then you can do that now too. Just make reference to the date you initiated the exit process on the HR system in the email and ask if notice period can be reduced given you have xx no of days in leave balance. Also mention reason for leaving as personal or health or something like that. Request ask for an early relieving date along with no of days as notice period to be served. Also mention that you are working on your handover document and in case this needs to be handed over to someone in the team do let me know...This way you will get a sure shot reply from your manager. Take print of the mail response received along with the chain mail of your resignation. This can be treated as resignation acceptance letter and even if you do not get a relieving letter this will b sufficient. Last day you can go to HR and ask them to give you a relieving letter. They will give it to you or tell you a time frame in which it can be collected.
Regards,
Priyanka
From India
Hi Priyanka,
Have sent mail to my manager thru email and also did in HR system and in that mail i mentioned my relieving date as XX/XX/XXXX. I also got automated mail from HR system stating my resignation and date of relieving. After three weeks i sent mail to my manager for confirmation of relieving date. However, he took back my laptop and instructed IT team to give me desktop and asked my colleague to send the Knowledge transfer documents i have to do and time line. My colleague sent that document to me and persons taking charge from me. he is in CC. He came to our department and again start saying infront of every body to take slowly KT from me and keep me idle for two months. Kindly advise if that chain of events can be taken as acceptance of resignation letter.
From India, Gurgaon
Have sent mail to my manager thru email and also did in HR system and in that mail i mentioned my relieving date as XX/XX/XXXX. I also got automated mail from HR system stating my resignation and date of relieving. After three weeks i sent mail to my manager for confirmation of relieving date. However, he took back my laptop and instructed IT team to give me desktop and asked my colleague to send the Knowledge transfer documents i have to do and time line. My colleague sent that document to me and persons taking charge from me. he is in CC. He came to our department and again start saying infront of every body to take slowly KT from me and keep me idle for two months. Kindly advise if that chain of events can be taken as acceptance of resignation letter.
From India, Gurgaon
Hi,
Am already serving notice of 90 days in my current company and my last Day as per HR system of company is 13th June 2011. But my manager has not approved my resignation and HR executive is saying untill it is not approved by my manager and he will not be able to issue relieving letter.
I have sent several mails to my manager to kindly approve the resignation but he is not responding to my mail and have alreay completed my Knowledge transfer as per format given by my manager.
Kindly advise what are my options and what shud i do?
Regards
Prosenjit
From India, Gurgaon
Am already serving notice of 90 days in my current company and my last Day as per HR system of company is 13th June 2011. But my manager has not approved my resignation and HR executive is saying untill it is not approved by my manager and he will not be able to issue relieving letter.
I have sent several mails to my manager to kindly approve the resignation but he is not responding to my mail and have alreay completed my Knowledge transfer as per format given by my manager.
Kindly advise what are my options and what shud i do?
Regards
Prosenjit
From India, Gurgaon
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