Hi all,
I am working in Company A as a technical writer for the past 2 months. I got a better offer from Company B and have accepted it. The catch here is that I am required to join Company B within 5 working days otherwise my offer would be invalid, whereas, I need to serve a notice period of 2 weeks in company A. I tried negotiating with Company A but they are not budging from the 2 week notice period. Company B is even ready to buy those 2 weeks but Company A is not ready. My question is :
1. Will I be subject to legal action if I leave Company A without notice?
2. Will Company B actually reject my offer if I don't join them within 5 working days?
From India, Bangalore
I am working in Company A as a technical writer for the past 2 months. I got a better offer from Company B and have accepted it. The catch here is that I am required to join Company B within 5 working days otherwise my offer would be invalid, whereas, I need to serve a notice period of 2 weeks in company A. I tried negotiating with Company A but they are not budging from the 2 week notice period. Company B is even ready to buy those 2 weeks but Company A is not ready. My question is :
1. Will I be subject to legal action if I leave Company A without notice?
2. Will Company B actually reject my offer if I don't join them within 5 working days?
From India, Bangalore
For point 1
The legal action company A can take can be like this
They will not settle your dues & will not give you releiving letter. If you join company B & they can establish that you are working with other company, while you are still on their rolls, which amounts to double employment for which they can take legal action.
Generally nobaody takes such step. But its better to get the settlement done may be at a later date
For point 2
Yes if it is mentioned in the offer letter the validity period then the offer lapses
From India, Mumbai
The legal action company A can take can be like this
They will not settle your dues & will not give you releiving letter. If you join company B & they can establish that you are working with other company, while you are still on their rolls, which amounts to double employment for which they can take legal action.
Generally nobaody takes such step. But its better to get the settlement done may be at a later date
For point 2
Yes if it is mentioned in the offer letter the validity period then the offer lapses
From India, Mumbai
I would say you should give proper notice to your current employer.
You might have achieved growth in career, earned money and reputation in society/friends circle by working with your current employer. So you have certain commitment towards the current employer.
Company B is forcing you to join immediately because of their urgency. Similarly your current company needs to find a replacement for you. It will take minimum 2 weeks to find and induct somebody to do your job.
Company A can take legal action against you if you leave the company without giving proper notice. Also they will not issue experience as well as relieving certificates. This may adversely affect your career.
For example ...just assume that you have joined the Company B without getting relieving letter (if the company allows you to join) from company A. It is not necessary that you can easily cope up with the Company B.
In case if you decide to leave the company B before completing 6 months, where you will go for relieving letter for previous company experience????
And finally one more question? Have you discussed your issues pertaining to dissatisfaction with your present employer? Try to analyse the reasons for your decision to quit...and sometimes you/employer might be able to find solutions to your problems..
enjoy work and best of luck
From India, Bangalore
4You might have achieved growth in career, earned money and reputation in society/friends circle by working with your current employer. So you have certain commitment towards the current employer.
Company B is forcing you to join immediately because of their urgency. Similarly your current company needs to find a replacement for you. It will take minimum 2 weeks to find and induct somebody to do your job.
Company A can take legal action against you if you leave the company without giving proper notice. Also they will not issue experience as well as relieving certificates. This may adversely affect your career.
For example ...just assume that you have joined the Company B without getting relieving letter (if the company allows you to join) from company A. It is not necessary that you can easily cope up with the Company B.
In case if you decide to leave the company B before completing 6 months, where you will go for relieving letter for previous company experience????
And finally one more question? Have you discussed your issues pertaining to dissatisfaction with your present employer? Try to analyse the reasons for your decision to quit...and sometimes you/employer might be able to find solutions to your problems..
enjoy work and best of luck
From India, Bangalore
Do your terms of appointment contain giving notice of two weeks or pay in lieu thereof, if so your company can not force you to stay if you pay the amount in lieu of notice period. Employment is a contract of personal service and not a slavery. However, it is always advisable to leave on a good note.
Regards
Bhupendra
Regards
Bhupendra
Dear Srinivas,
This happens usually with many professionals.
Currently, you are working with company A. You must have acrepted Appoinement letter after joining of co. Is there any clause mentioned in the letter to give 2 weeks notice during probation / conformation period. If yes, I suggest donot breach co. rules. Give proper 2 weeks notice to current employer, complete tasks assign to you, get releiving & experience certificate, collect dues & then leave the conern.
With new employer 'B', pl. talk with them and convince them, if anybody of that co. resign and ask for immediate relieving, are they accpeted his resignation & relieve him with short time.
No managment in India , will do like this especially if their permanent employee resign from concern.
Its moral responsiblity for every employee to follow current company rules and leave gracefully & peacefully from organisation.
Your new employer have mentioned any clause about joining their company within 5 days. If yes, I suggest, you talk with co. A and tell them about getting an excellant opportunity which you dont want to loose it. they may deduct your notice pay dues.
regs,
Bhushan Dahanukar
From India, Mumbai
This happens usually with many professionals.
Currently, you are working with company A. You must have acrepted Appoinement letter after joining of co. Is there any clause mentioned in the letter to give 2 weeks notice during probation / conformation period. If yes, I suggest donot breach co. rules. Give proper 2 weeks notice to current employer, complete tasks assign to you, get releiving & experience certificate, collect dues & then leave the conern.
With new employer 'B', pl. talk with them and convince them, if anybody of that co. resign and ask for immediate relieving, are they accpeted his resignation & relieve him with short time.
No managment in India , will do like this especially if their permanent employee resign from concern.
Its moral responsiblity for every employee to follow current company rules and leave gracefully & peacefully from organisation.
Your new employer have mentioned any clause about joining their company within 5 days. If yes, I suggest, you talk with co. A and tell them about getting an excellant opportunity which you dont want to loose it. they may deduct your notice pay dues.
regs,
Bhushan Dahanukar
From India, Mumbai
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