In this case, a company cannot restrict an employee for better opportunity.
Do one thing, register AD your resignation, with a xerox of your ticket and clearly mention the last day you wish to work. Also mention you want to cooperate in every way but the 15 day's early relieving that you're asking for is only for a better growth opportunity abroad which you might never get in future. Also add that you are ready to compensate the 15day's notice period by paying of the salary for same.
Register AD that and look at what response you get. Since there is a short period, you can also consider having met a labor commisoner or advocate giving brief and explaining the urgency of situation.
I think seniors would be in better position to guide you on this as I am too naive and unexperiened on this labor issue....
All the best :)
From India, Mumbai
737Do one thing, register AD your resignation, with a xerox of your ticket and clearly mention the last day you wish to work. Also mention you want to cooperate in every way but the 15 day's early relieving that you're asking for is only for a better growth opportunity abroad which you might never get in future. Also add that you are ready to compensate the 15day's notice period by paying of the salary for same.
Register AD that and look at what response you get. Since there is a short period, you can also consider having met a labor commisoner or advocate giving brief and explaining the urgency of situation.
I think seniors would be in better position to guide you on this as I am too naive and unexperiened on this labor issue....
All the best :)
From India, Mumbai
Hello Shwetb,
Frankly, you may NOT like this--but neverthless it needs to be highlighted/elaborated.
You very well know that your Notice period is 90 days--right from the day you joined in this company. Then on what basis, in the First Place, did you ATTEND the Interview & given your Acceptance to join by 15 April? Was it that you ASSUMED it won't be a problem OR can be 'managed'? Or any other reason?
All thru your many clarification postings in this thread, you haven't mentioned FROM when you have been working in this company. Pl confirm the Duration.
The very fact that your HR isn't willing to listen to your request to get relieved earlier [despite your offer to complete the KT by 15 April] MEANS that there's something that EITHER you missed-out OR you have haven't mentioned the full details here OR something happened due to which they are taking such a stand. The members need to know the FULL facts of a case to give well-informed & realistic suggestions.
Coming to your disinterest in the Relieving Letter & other Experience Docs from this company, like some members mentioned, it NEVER EVER is desirable to leave gaps in one's career--except for verifiable medical reasons. Like the Saying goes: 'The World's a small place". You never know when you need the Docs--and it's next-to-impossible to get them at that point-of-time [you never know 'when'].
And coming to the issue of 'whether' the company can do anything if you just vanish, it all depends on your relationship with them till now--if you go thru this very Forum, you will find many threads of similar situations where members found themselves on a sticky wicket after taking such half-thought steps. Again, like the Saying goes: 'Act in haste, Repent @ leisure'.
W.r.t. to the comments/remarks of Anil Arora, Prabhat, Ankita Shah & others, pl understand that the INTENT of the members is only to GUIDE you for the better [in the long-term]--NOT to give advice what you WANT TO HEAR. But @ the End-of-Day, it's YOUR CAREER.
Like other members suggested, pl sit with your Reporting Manager & HR and sort it out.
Like I mentioned above, there does seem to be something missing in the whole scenario you explained. If you can give the COMPLETE details of your track record in this company, the members may be able to suggest better.
All the Best.
Rgds,
TS
From India, Hyderabad
Frankly, you may NOT like this--but neverthless it needs to be highlighted/elaborated.
You very well know that your Notice period is 90 days--right from the day you joined in this company. Then on what basis, in the First Place, did you ATTEND the Interview & given your Acceptance to join by 15 April? Was it that you ASSUMED it won't be a problem OR can be 'managed'? Or any other reason?
All thru your many clarification postings in this thread, you haven't mentioned FROM when you have been working in this company. Pl confirm the Duration.
The very fact that your HR isn't willing to listen to your request to get relieved earlier [despite your offer to complete the KT by 15 April] MEANS that there's something that EITHER you missed-out OR you have haven't mentioned the full details here OR something happened due to which they are taking such a stand. The members need to know the FULL facts of a case to give well-informed & realistic suggestions.
Coming to your disinterest in the Relieving Letter & other Experience Docs from this company, like some members mentioned, it NEVER EVER is desirable to leave gaps in one's career--except for verifiable medical reasons. Like the Saying goes: 'The World's a small place". You never know when you need the Docs--and it's next-to-impossible to get them at that point-of-time [you never know 'when'].
And coming to the issue of 'whether' the company can do anything if you just vanish, it all depends on your relationship with them till now--if you go thru this very Forum, you will find many threads of similar situations where members found themselves on a sticky wicket after taking such half-thought steps. Again, like the Saying goes: 'Act in haste, Repent @ leisure'.
W.r.t. to the comments/remarks of Anil Arora, Prabhat, Ankita Shah & others, pl understand that the INTENT of the members is only to GUIDE you for the better [in the long-term]--NOT to give advice what you WANT TO HEAR. But @ the End-of-Day, it's YOUR CAREER.
Like other members suggested, pl sit with your Reporting Manager & HR and sort it out.
Like I mentioned above, there does seem to be something missing in the whole scenario you explained. If you can give the COMPLETE details of your track record in this company, the members may be able to suggest better.
All the Best.
Rgds,
TS
From India, Hyderabad
Nothing is missing here.
1. I gave an approx. joining date to my future employer hoping for early release with notice period buy out option based on the T&C of the offer letter and also based on the past experience of seeing others getting relieved early in this company
2. I'm working with this company for 1 year.
3. Even employer is not giving any reason why they are not ready to relieve me before completing notice period.
4. I'm asking them to let me know any resource so that I can start knowledge transfer, for this mail also they are not responding.
From India, Bangalore
1. I gave an approx. joining date to my future employer hoping for early release with notice period buy out option based on the T&C of the offer letter and also based on the past experience of seeing others getting relieved early in this company
2. I'm working with this company for 1 year.
3. Even employer is not giving any reason why they are not ready to relieve me before completing notice period.
4. I'm asking them to let me know any resource so that I can start knowledge transfer, for this mail also they are not responding.
From India, Bangalore
Hello Shwetb,
Your Points (1) & (3) did come-out clearly in your earlier clarification postings. In fact, THEY were the reasons that prompted me to mention '.......something happened due to which they are taking such a stand......'.
Reg your Point (4), obviously they wouldn't identify anyone for the KT--when the 'in-principle' decision seems to have been taken not to relax the rules for you.
Also, reg your point (1)--'......based on the past experience of seeing others getting relieved early in this company...', it ought to have given you some indication that 'something' has surely gone wrong. When it was done for others, why not for you?
And it may not be really practical for any CiteHR member in this Forum to give the reason(s)--since this involves discussing with the concerned people in the company--which ONLY YOU can do.
One reason COULD be your short tenure--1 year--in this company.
You haven't mentioned anything about your experience/designation level--sometimes they do matter during resignation/relieving processes.
Also, it could be linked to your project completion and/or criticality.
The possibilities COULD be many.
That was the reason for the suggestions to sit & discuss...NOT in a 'demanding' tone [if you know what I mean], but in an 'inquiring' tone. Once you get to know the ACTUAL reasons, then the solution(s) can be found-out.
All the Best.
Rgds,
TS
From India, Hyderabad
Your Points (1) & (3) did come-out clearly in your earlier clarification postings. In fact, THEY were the reasons that prompted me to mention '.......something happened due to which they are taking such a stand......'.
Reg your Point (4), obviously they wouldn't identify anyone for the KT--when the 'in-principle' decision seems to have been taken not to relax the rules for you.
Also, reg your point (1)--'......based on the past experience of seeing others getting relieved early in this company...', it ought to have given you some indication that 'something' has surely gone wrong. When it was done for others, why not for you?
And it may not be really practical for any CiteHR member in this Forum to give the reason(s)--since this involves discussing with the concerned people in the company--which ONLY YOU can do.
One reason COULD be your short tenure--1 year--in this company.
You haven't mentioned anything about your experience/designation level--sometimes they do matter during resignation/relieving processes.
Also, it could be linked to your project completion and/or criticality.
The possibilities COULD be many.
That was the reason for the suggestions to sit & discuss...NOT in a 'demanding' tone [if you know what I mean], but in an 'inquiring' tone. Once you get to know the ACTUAL reasons, then the solution(s) can be found-out.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Shwetb
I fully agree with the opinion of Anonymous at #7; which is reproduced below:
"The terms of your appointment is very clear. You 3 months notice or compensation of 3 months salary in liue of notice. There is an implicit agreement that either of the options can be exercised by both you and the employer. You do not need a relieving order since you are going abroad. Take an acknowledgement in your letter of resignation. In case they do not give acknowledgement, then, end them an email stating that you are invoking the clause of the terms of appointment and ask them to make arrangements to take charge of your duties. This will absolve you of any accusation that you have not handed over charge. If they do not make arrangements, then just leave them after 15 days and send them a mail stating that you have given them notice to make arrangements to take charge, but since have not done so, you have no other option but to leave by invoking the terms of appointment. In the email also send an attachment with details of invetory and where it is kept along with the documents.
No one can prosecute you. Its not always that employees have to be fair. Employers also have to be fair. If the employer cannot understand that you have an opportunity to go abroad and settle down well in your career, then, they do not deserve you. Alternately, they must be able to give you a similar career option, which they are not or cannot.
So, dont worry, just go ahead. Heaven's are not going to fall. No one is indispendable. They will find someone. AFter a couple of years your managers will change their jobs and 3 years down the line they will forget you. Life moves on. SO just go abroad and enjoy yourself. Dont carry a baggage of what your current employer thinks. All the best "
attribution https://www.citehr.com/454362-employ...#ixzz2O21Gq5fw
Besides the above, i wish to add the following :
There is a clear provision about the notice : "can be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof. ".
So it can be either on the basis of time and continuity till specified period OR notice pay in lieu.
One is free to choose either. Anything else, can be only through mutual agreement. ELSE it is exploitation or victimization.
When you are willing to pay notice pay- as in the agreement (T & C); should the company force you to stay and lose a good opportunity as well as financial rewards ??
Is there any emotional contract/binding involved like the one we have with our parents, children or spouse ????
Has the company ever did an act of kindness or compassion beyond-company-rules to you ???
(For example; like the Tatas did for their employees who were caught in the 9/11 holocaust in Mumbai).
If you lose this chance; will the company Compensate it ?? If not in terms of money; at least in terms of Praise, Courtesy, Respect, Recognition ???
Imagine if the Company wanted to GET RID OF YOU. Would it WAIT to let you work for 3 months ??
Would not thee company give you notice pay and ask you to MOVE the very NEXT DAY ???
In fact, in many cases, the companies do not even give the Notice Pay graciously; as the members are fully aware and we keep coming across such cases everyday.
If you feel the answer to any of thee above question is YES, you may chose to stay at your own peril;
Else just go ahead; in any case you do not need the releasing certificates etc.
If anyone finds my views politically-incorrect; but then it is meant for politicians; not for people in other professions. Adopting such attitudes have only resulted in dilution and unprofessional actions with wider evil ramifications.
Warm regards.
From India, Delhi
I fully agree with the opinion of Anonymous at #7; which is reproduced below:
"The terms of your appointment is very clear. You 3 months notice or compensation of 3 months salary in liue of notice. There is an implicit agreement that either of the options can be exercised by both you and the employer. You do not need a relieving order since you are going abroad. Take an acknowledgement in your letter of resignation. In case they do not give acknowledgement, then, end them an email stating that you are invoking the clause of the terms of appointment and ask them to make arrangements to take charge of your duties. This will absolve you of any accusation that you have not handed over charge. If they do not make arrangements, then just leave them after 15 days and send them a mail stating that you have given them notice to make arrangements to take charge, but since have not done so, you have no other option but to leave by invoking the terms of appointment. In the email also send an attachment with details of invetory and where it is kept along with the documents.
No one can prosecute you. Its not always that employees have to be fair. Employers also have to be fair. If the employer cannot understand that you have an opportunity to go abroad and settle down well in your career, then, they do not deserve you. Alternately, they must be able to give you a similar career option, which they are not or cannot.
So, dont worry, just go ahead. Heaven's are not going to fall. No one is indispendable. They will find someone. AFter a couple of years your managers will change their jobs and 3 years down the line they will forget you. Life moves on. SO just go abroad and enjoy yourself. Dont carry a baggage of what your current employer thinks. All the best "
attribution https://www.citehr.com/454362-employ...#ixzz2O21Gq5fw
Besides the above, i wish to add the following :
There is a clear provision about the notice : "can be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof. ".
So it can be either on the basis of time and continuity till specified period OR notice pay in lieu.
One is free to choose either. Anything else, can be only through mutual agreement. ELSE it is exploitation or victimization.
When you are willing to pay notice pay- as in the agreement (T & C); should the company force you to stay and lose a good opportunity as well as financial rewards ??
Is there any emotional contract/binding involved like the one we have with our parents, children or spouse ????
Has the company ever did an act of kindness or compassion beyond-company-rules to you ???
(For example; like the Tatas did for their employees who were caught in the 9/11 holocaust in Mumbai).
If you lose this chance; will the company Compensate it ?? If not in terms of money; at least in terms of Praise, Courtesy, Respect, Recognition ???
Imagine if the Company wanted to GET RID OF YOU. Would it WAIT to let you work for 3 months ??
Would not thee company give you notice pay and ask you to MOVE the very NEXT DAY ???
In fact, in many cases, the companies do not even give the Notice Pay graciously; as the members are fully aware and we keep coming across such cases everyday.
If you feel the answer to any of thee above question is YES, you may chose to stay at your own peril;
Else just go ahead; in any case you do not need the releasing certificates etc.
If anyone finds my views politically-incorrect; but then it is meant for politicians; not for people in other professions. Adopting such attitudes have only resulted in dilution and unprofessional actions with wider evil ramifications.
Warm regards.
From India, Delhi
thanks Rajkumar for your suggestions.
one thing i want to mention here is I've not yet involved HR in this case and also the concerned BU HR is not in the same place as I'm. HR is in Mumbai and I'm in Bangalore. Till now I'm talking to and emailing with my managers only. I've 3 more weeks time and hence will bring HR into this issue and will decide on the next course action and will do as per your suggestion.
My designation is technical lead in this company.
From India, Bangalore
one thing i want to mention here is I've not yet involved HR in this case and also the concerned BU HR is not in the same place as I'm. HR is in Mumbai and I'm in Bangalore. Till now I'm talking to and emailing with my managers only. I've 3 more weeks time and hence will bring HR into this issue and will decide on the next course action and will do as per your suggestion.
My designation is technical lead in this company.
From India, Bangalore
Till now they released some employees early without asking notice period pay ,may be because they all gave personal reasons like I'm joining my spouse who is relocating to some other city or my father is seriously ill etc.. but they have found that I dont have personal reason and I'm joining another company.
Also this company entertains people who join this company early by paying for the notice period and reimburses that amount and also pays early joining bonus.
Such practice is unfair for the employees and unfortunately this is the fate of us working in Indian IT industry.
From India, Bangalore
Also this company entertains people who join this company early by paying for the notice period and reimburses that amount and also pays early joining bonus.
Such practice is unfair for the employees and unfortunately this is the fate of us working in Indian IT industry.
From India, Bangalore
I did not understand what practice is unfair?
Are you not concluding that they are unfair in not relieving you without even knowing the reason why are they doing so?
Are we here to judge anyone?
Even a guilty and accused gets a chance to explain his view point.
Agreed that you've approached them to know the reason, but it was not shared with you. Does it mean they are being unfair?
Every designation has its own importance.
You are technical lead. You are leading a team of some people. There must be an ongoing project where you might be working.
Apart when you say that -"I'm asking them to let me know any resource so that I can start knowledge transfer, for this mail also they are not responding."
Don't you think recruiting someone takes time? Just one fine day if someone comes and says I wish to resign and today would be my last working day, you can have salary in lieu of it.... then in your terms, is the employee being fair to the organization?
Again as you said they give early joining bonus to people who joins early and also reimburses them of the bond pay or the salary that they had forgone.
But that is all about talent acquisition.
This is their talent acquisition policy.
Do not forget that like every employee has a right to resign from the employment, every employer has a right to retain or atleast try their best to retain.
Again let me please clarify, no company would want to retain an employee who is not contributing or is a non-performer or is not felt important any more.
The fact that someone is tried to retained is a compliment that you're felt important.
What they are trying to do is perhaps not retention and neither was I making that point.
All that i wish to say here is that -
every company has its retention strategy which will be very different (and perhaps opposite) to its acquisition strategy. We cannot compare the two.
As quoted by Mr. Raj Kumar -
I don't think a company would terminate an employee who is a performer.
Even if it does, they would never hamper their growth by not giving them proper notice for same.
A company in actual terms would as said "get rid of someone" if the company thinks s/he is just adding to the cost by not contributing enough to the company's progress or finds if the person has lost interest or found guilty in case of misconducts or other such reasons.
Ever heard of a company terminating its most performing employee???
----------------------
Back to ShwetB
I think you first share the concern to your HR
Sit and discuss with your management about the issues involved in relieving you early and plan out if you can mutually do something about it.
Ask them how would they compensate you if you are losing out on a once in lifetime opportunity.
Sometimes issues are viewed differently.
Also please bring this to the notice of your HR ASAP because HRs are the best person to consult. They know the company's policies best and can guide you better.
Another piece of advice I would want to give you based on your foll comment -
Just because a company relieved some employees in the past early, do not mean they can relieve everyone early.
Sure it was stated in your appointment letter, but if the company changes their policy, the new policies would be taken into consideration.
Sure they should have communicated it to you, but it is not necessary to give new appointment letter. The amendments or the changes incorporated in the policy and rules can be emailed to all for their notice. Rarely employees read such mail. Saying so since I have personally experienced that with my staff in my firm. They have not read the Manual I have mailed to them almost 6 months back. But then am I at fault they they do not know new rules? I did my part of extending new copies to them.
Secondly, one should always tell the new employer that your actual notice period is of so and so duration. Though you would talk to the HR and get advice on if early relief can be given, you cannot promise on same.
About the relieving letters -
I do not know if or not there would be impact in your future if you do not have relieving letter. Today it may seem all right to not to get one and join new company... but it should not happen that you repent your decision tomorrow or in future when you can't go back to correct the things.
Please note that I do not intend to hurt, just wished to put forth my opinion and view points on the issue.
From India, Mumbai
Are you not concluding that they are unfair in not relieving you without even knowing the reason why are they doing so?
Are we here to judge anyone?
Even a guilty and accused gets a chance to explain his view point.
Agreed that you've approached them to know the reason, but it was not shared with you. Does it mean they are being unfair?
Every designation has its own importance.
You are technical lead. You are leading a team of some people. There must be an ongoing project where you might be working.
Apart when you say that -"I'm asking them to let me know any resource so that I can start knowledge transfer, for this mail also they are not responding."
Don't you think recruiting someone takes time? Just one fine day if someone comes and says I wish to resign and today would be my last working day, you can have salary in lieu of it.... then in your terms, is the employee being fair to the organization?
Again as you said they give early joining bonus to people who joins early and also reimburses them of the bond pay or the salary that they had forgone.
But that is all about talent acquisition.
This is their talent acquisition policy.
Do not forget that like every employee has a right to resign from the employment, every employer has a right to retain or atleast try their best to retain.
Again let me please clarify, no company would want to retain an employee who is not contributing or is a non-performer or is not felt important any more.
The fact that someone is tried to retained is a compliment that you're felt important.
What they are trying to do is perhaps not retention and neither was I making that point.
All that i wish to say here is that -
every company has its retention strategy which will be very different (and perhaps opposite) to its acquisition strategy. We cannot compare the two.
As quoted by Mr. Raj Kumar -
I don't think a company would terminate an employee who is a performer.
Even if it does, they would never hamper their growth by not giving them proper notice for same.
A company in actual terms would as said "get rid of someone" if the company thinks s/he is just adding to the cost by not contributing enough to the company's progress or finds if the person has lost interest or found guilty in case of misconducts or other such reasons.
Ever heard of a company terminating its most performing employee???
----------------------
Back to ShwetB
I think you first share the concern to your HR
Sit and discuss with your management about the issues involved in relieving you early and plan out if you can mutually do something about it.
Ask them how would they compensate you if you are losing out on a once in lifetime opportunity.
Sometimes issues are viewed differently.
Also please bring this to the notice of your HR ASAP because HRs are the best person to consult. They know the company's policies best and can guide you better.
Another piece of advice I would want to give you based on your foll comment -
Just because a company relieved some employees in the past early, do not mean they can relieve everyone early.
Sure it was stated in your appointment letter, but if the company changes their policy, the new policies would be taken into consideration.
Sure they should have communicated it to you, but it is not necessary to give new appointment letter. The amendments or the changes incorporated in the policy and rules can be emailed to all for their notice. Rarely employees read such mail. Saying so since I have personally experienced that with my staff in my firm. They have not read the Manual I have mailed to them almost 6 months back. But then am I at fault they they do not know new rules? I did my part of extending new copies to them.
Secondly, one should always tell the new employer that your actual notice period is of so and so duration. Though you would talk to the HR and get advice on if early relief can be given, you cannot promise on same.
About the relieving letters -
I do not know if or not there would be impact in your future if you do not have relieving letter. Today it may seem all right to not to get one and join new company... but it should not happen that you repent your decision tomorrow or in future when you can't go back to correct the things.
Please note that I do not intend to hurt, just wished to put forth my opinion and view points on the issue.
From India, Mumbai
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx