Hello All,
I work for an MNC which has a notice period of 90 days as Associate Manager Risk and Compliance. I received an offer from a company with raise in designation and pay and they wanted me to join their company in 45 days from the offer roll out as they have urgent requirement. The HR from the new company even offer to buy my remaining notice period of 45 days. However, my current management does not want to release me even for a day lesser than 90 days. Also they are not willing to hire someone in my position from outside as of now due to freeze in hiring for support functions in our company. But my reporting manager has a large team of close to 20 personnel reporting to him. So I requested my manager to distribute my work amongst the peers and release me from duties in 45 days. But my manager is not willing to do so. As I raised my concern to HR, 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. To my surprise my HR is just being a silent spectator but not providing any amicable solution to it.
Now, my new organisation wants me to join July 27 2015 (which is after 45 days of notice)
At this situation what will be the solution to my problem ? Is it mandate to serve 100% notice period in companies ? Is there no option for an employee to move out of the organisation at his free will after completing his Knowledge Transfer ?
Request your expert opinion to help me save my job
Thanks and Regards
SVRA
From India, Delhi
I work for an MNC which has a notice period of 90 days as Associate Manager Risk and Compliance. I received an offer from a company with raise in designation and pay and they wanted me to join their company in 45 days from the offer roll out as they have urgent requirement. The HR from the new company even offer to buy my remaining notice period of 45 days. However, my current management does not want to release me even for a day lesser than 90 days. Also they are not willing to hire someone in my position from outside as of now due to freeze in hiring for support functions in our company. But my reporting manager has a large team of close to 20 personnel reporting to him. So I requested my manager to distribute my work amongst the peers and release me from duties in 45 days. But my manager is not willing to do so. As I raised my concern to HR, 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. To my surprise my HR is just being a silent spectator but not providing any amicable solution to it.
Now, my new organisation wants me to join July 27 2015 (which is after 45 days of notice)
At this situation what will be the solution to my problem ? Is it mandate to serve 100% notice period in companies ? Is there no option for an employee to move out of the organisation at his free will after completing his Knowledge Transfer ?
Request your expert opinion to help me save my job
Thanks and Regards
SVRA
From India, Delhi
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 notice period fully or partially is at the Company's sole discretion. However 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 balance notice period can be waived at any time by the management. In such an event,
however, you shall be paid 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
> The employee may terminate the contract of employment by giving 90 days written notice to the Company. The
waiver of notice period fully or partially is at the Company's sole discretion. However 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 balance notice period can be waived at any time by the management. In such an event,
however, you shall be paid 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
You must raise the level to HOD HR or even above on this issue.I
It appears that your manager has got his own way of doing things and he is blocking your departure.
The agreement gives lot of discretion to management to relive an employee even before 90 days.
Offer notice period pay for certain period clearly in writing and ask for release.
I think higher management may take more broader view on the subject.
From India, Pune
3131It appears that your manager has got his own way of doing things and he is blocking your departure.
The agreement gives lot of discretion to management to relive an employee even before 90 days.
Offer notice period pay for certain period clearly in writing and ask for release.
I think higher management may take more broader view on the subject.
From India, Pune
Hello SVRA,
On what basis did you PRESUME that you COULD get an early relieving & 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 & factual position.
An identical situation was in discussion recently in this Forum.
https://www.citehr.com/532740-urgent...-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 & any small slip-up can cause severe loss/damage to the Company.....could be monetary, reputation, delivery deadlines, etc [prima facie, your role suggests this COULD be the situation in your Company].
Other Companies have strong HR Depts where the role of technical managers become secondary--Companies that are usually involved in activities that have some leeway in timelines & costings.
I know of technology-based MNCs where the Company prefers the employee to just sit & 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 & our clear instruction to them before the Interviews is: 'Put the actual fact on the table & DON'T give false hopes'. And clients accept such situations.....presuming the candidate did the I/V very well & deserves the wait.
Frankly, you did a mistake by assuming something on which you have NO CONTROL.....and further going ahead & 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 & possible profiling. In such an event, be clear that you WILL NEED TO change jobs to take your career forward....BUT with better & careful planning the next time.
II Option would be to explain the situation to the new company & try to convince them to wait....suggest DON'T inform them of the "at the Company's sole discretion" clause [though they may guess it]. If you do that, be sure hear an earful....on the same lines of 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 Offer.
I can't see a III Option.
All the Best.
Rgds,
TS
From India, Hyderabad
On what basis did you PRESUME that you COULD get an early relieving & 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 & factual position.
An identical situation was in discussion recently in this Forum.
https://www.citehr.com/532740-urgent...-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 & any small slip-up can cause severe loss/damage to the Company.....could be monetary, reputation, delivery deadlines, etc [prima facie, your role suggests this COULD be the situation in your Company].
Other Companies have strong HR Depts where the role of technical managers become secondary--Companies that are usually involved in activities that have some leeway in timelines & costings.
I know of technology-based MNCs where the Company prefers the employee to just sit & 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 & our clear instruction to them before the Interviews is: 'Put the actual fact on the table & DON'T give false hopes'. And clients accept such situations.....presuming the candidate did the I/V very well & deserves the wait.
Frankly, you did a mistake by assuming something on which you have NO CONTROL.....and further going ahead & 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 & possible profiling. In such an event, be clear that you WILL NEED TO change jobs to take your career forward....BUT with better & careful planning the next time.
II Option would be to explain the situation to the new company & try to convince them to wait....suggest DON'T inform them of the "at the Company's sole discretion" clause [though they may guess it]. If you do that, be sure hear an earful....on the same lines of 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 Offer.
I can't see a III Option.
All the Best.
Rgds,
TS
From India, Hyderabad
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 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 the new employer in such a case??
I am not an HR person, much less an HR expert.
A S Bhat
From India, Pune
I am not an HR person, much less an HR expert.
A S Bhat
From India, Pune
Thank you for your responses NATHRAO and TAJSATEESH
TAJSATEESH ~ Sir I have conveyed the scenario to the HR heads of the New employer that this is the situation and requested them to give me an extension in joining day. However, the new employer HR is asking me to write to my current employer that I cannot serve more than 45 days as the new job requires me to join and that xx will be the LWD with my assets being handed over to the company. The new employer assure that they will give exception approval on the same and take me in without any problem. But the point to be noted here is that once I take this step my current employer will revoke my resignation and report me as absconding termination
Please suggest what best can be done here
From India, Delhi
TAJSATEESH ~ Sir I have conveyed the scenario to the HR heads of the New employer that this is the situation and requested them to give me an extension in joining day. However, the new employer HR is asking me to write to my current employer that I cannot serve more than 45 days as the new job requires me to join and that xx will be the LWD with my assets being handed over to the company. The new employer assure that they will give exception approval on the same and take me in without any problem. But the point to be noted here is that once I take this step my current employer will revoke my resignation and report me as absconding termination
Please suggest what best can be done here
From India, Delhi
Hello SVRA,
The new Company's HR is obviously taking care of THEIR interest & the present Company THEIR'S.
Now who will take care of YOUR interest....obviously has to YOU--right?
It may be OK 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 & really goes the legal way, then focusing on the new job will become difficult & will not be good BOTH for you & the new Company.
If you have done the I/V well, then most likely they will wait for you.
You can also suggest.....IF it's practical for you & 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, pl be mentally prepared for the Worst-Case-Scenario.....which is the new Company drops their Offer.
It always pays to work towards the Best-Case-Scenario BUT prepare for the WCS.
All the Best.
Rgds,
TS
From India, Hyderabad
The new Company's HR is obviously taking care of THEIR interest & the present Company THEIR'S.
Now who will take care of YOUR interest....obviously has to YOU--right?
It may be OK 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 & really goes the legal way, then focusing on the new job will become difficult & will not be good BOTH for you & the new Company.
If you have done the I/V well, then most likely they will wait for you.
You can also suggest.....IF it's practical for you & 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, pl be mentally prepared for the Worst-Case-Scenario.....which is the new Company drops their Offer.
It always pays to work towards the Best-Case-Scenario BUT prepare for the WCS.
All the Best.
Rgds,
TS
From India, Hyderabad
HI,
Pls see your appointment letter terms & conditions . If you any clause written that you can either serve your notice or can pay in lieu of notice period then do one thing: Send the resignation copy marking to your manager and HR through registered post. On your last working handover the assets and take a copy of signature on handing over the work and assets.
But the best thing would be if it can be sorted out amicably. Else nobody can force you to work until and unless you want.
From India, Chandigarh
Pls see your appointment letter terms & conditions . If you any clause written that you can either serve your notice or can pay in lieu of notice period then do one thing: Send the resignation copy marking to your manager and HR through registered post. On your last working handover the assets and take a copy of signature on handing over the work and assets.
But the best thing would be if it can be sorted out amicably. Else nobody can force you to work until and unless you want.
From India, Chandigarh
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