Navigating Notice Periods and Employee Releiving: HR Insights and Solutions - CiteHR

Hi Friends,

Here I am to discuss the common problem that every employer and employee faces: the difference between the joining date and the notice period or relieving date.

All I have stated in the form of an example, and you can provide your comments on it.

My friend: "Hey Ravi, guess what, I got a new job in an MNC."

Me: "Hey, that's great yaar, now I want a party."

My friend: "Sure yaar, but there is a problem."

Me: "What?"

My friend: "They are asking me to join by the 10th, but as per my company rules, they will relieve me only on the 30th... [20 days difference]."

[Here the probable reason why my friend is asked to join within 10 days is:
- BPO: new process is going to start.
- IT: got a new project from a big client.
So, the new employer cannot give so much time.]

Me: "Then what have you decided?"

[Now, depending on the situation whether his old employer accepts money in lieu of the notice period and his new employer is ready to pay it for my friend...
His old employer can relieve only after 30 days, but my friend has some good contacts in management and somehow manages to escape within 10 days.
My friend has no contacts with the management of his old company, and if he really insists on getting relieved within 10 days, the old company can do anything illegal like harassing him, not processing his request urgently, not giving relieving letter certificate.
My friend somehow thinks that what I got offer, now no matter I join or not, will wait until some company gives me more notice period and maybe more pay than this offer offers...
My friend thinks he wants to leave the old employer, forget about relieving letter, etc. His new job is in a BPO where they don't pay heed to any relieving letter so he chooses to abscond from the old company.]

My friend: "I found a solution, my former company demands Rs. 10,000 for early relieving, and my new company is ready to pay it."

My friend: "I have good contacts in management, I'll tell some crap and get out of it."

My friend: "I'm afraid of what my old company will do, please advise me."

My friend: "I'll see and use this offer letter to get another offer with some more notice period... [he is quite intelligent]."

My friend: "I am going to be absconding because my manager is an *, that job sucks *, and I'm gonna run away."

I TOLD MY FRIEND:

Dear friend, you have accepted the offer; you should have stated before that you would not be relieved by this date, but still, you accepted...

My friend: "Hey, what to do yaar, I thought I will keep on telling yes, yes, yes to that HR, and then let's see what happens."

Me:

Dear friend, now that you have told me what you want to do, I would tell you to do it... Some options are in your old company's favor but not in favor of your new company. I mean, in some options, you're fooling your old employer, and in some options, you're fooling your new employer...

Next time, tell this thing to the HR who forces you to join within 4, 5, 10, on next Monday, etc., and doesn't even bother to ask about your current company's relieving policies...

Some companies' HR are really concerned about the relieving date that the employee would be getting from his old employer, WHICH IS REALLY GOOD AND TO BE ENCOURAGED WITH EVERY HR RECRUITER ON CITEHR.

Whereas some HR, the other type, are not concerned; they are just concerned, "I want this candidate to join by... date, I don't know how, why, what, when..."

If you ever face this problem in an interview where HR is not concerned about your old employer's relieving period, give him this:

OOOH DEAR HR,

YOU ARE A HR of XYZ COMPANY, you have studied MBA, you have so much knowledge, and still, you don't understand the common sense that if I have to join your company within 10 days, it is automatically related to my relieving period of my old company, which is 30 days. I can join your company within 10 days, BUT PROVIDED YOU GIVE ME IN WRITING that in the future, if I resign, I would be relieved within 10 days, because in the future when I resign, don't tell me about your company policies, etc... I am committed to my old employer. If you force me to break the commitment that I gave to my old employer, not necessarily I would be faithful to you...

And then quietly come out; you have given that HR a piece of your mind. Next time he would be conscious of this...

FRIENDS,

If both employer and employee are aware of this notice and relieving fundas, then there would be fewer cases of absconding due to non-relieving, less unnecessary tension to the employee as the employer uses tactics like withholding relieving letter, salary, etc...

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I have corrected the spelling, grammar, and punctuation errors in the text provided. I have also ensured proper paragraph formatting with a single line break between paragraphs. If you need further assistance or have any specific questions, feel free to ask.

From India, Pune
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You really nailed it, man. This is a very BIG problem. I have faced managers who tell me, "We cannot wait for more than 10 days," and that company has a notice period of 3 months! I preferred not to join.

It is best to avoid those companies which force you into such positions - this is a direct reflection of their work culture. If this happens with you, you might want to ask yourself if you really want to work in such a company.

From India, Madras
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and which company has a notice period of 30 days now a days, they want 2 or 3 months. Companies now a days are using notice period to retain employees - this is a very sick job market now a days.
From India, Madras
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I absolutely agree wit u peopl....such companies wud do d same such things to us in an unethical manner wen we r to be relieved.....
From India, Madras
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Hi all,

I was made to sit on the bench for 3 months when one fine day my process closed, and I was asked to temporarily go home and not come to the office until a new process comes our way. Now, this is a BPO. When I then told (after 3 months) that I'd resign, they wouldn't let me go. They offered a different process and asked about my decision. I asked them for time, but due to inevitable circumstances, I had to go back only after 2 months. Before, I wasn't allowed to serve the notice period by attendance as the process was closed. I was asked to pay the basic as notice. Now, after 2 months, I told them I'm prepared to pay the basic, but they say we finished your formalities and treated you as an abscondee. Nobody had contacted me before concluding I've absconded. I was prepared to pay the basic before; also, I contacted them now, which shows I had no intentions to abscond. They said the company policy is to wait for 1 month. But then they waited 3 months when I didn't do anything and put me on hold. Rules are there to help us, and when it is done with common sense. Without even contacting, they concluded that a person who was willing to pay a notice had absconded. If the policy was to wait for a month, they didn't tell it before. Since they waited for 3 months before, I too didn't suspect this predicament. So they aren't allowing me to serve a notice and not giving a letter for the same when I wanna do it. What crap!! This really enraged me. Is there a way to get out of this mess? Is it under the ambit of the HR himself to save me by a relieving letter, even though they packed me off as an 'abscondee'? Or if they don't cooperate, are there any legal provisions or a case I can file?

Please help...

Thanks and regards,

Ramya

From India, Madras
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