Dear All,
I require clarification and guidance on the above. I am an HR Executive. I have an offer from a company, but the joining time is within 10 days. My present employer has not revised the salary for the past two years. I have been working for the past two years. Now, I have informed my employer about this, but they said they will not release me in a short time span. In an earlier case, they also did not grant early releases. However, I feel I should leave even without completing the handing over formalities.
What will be the effect after I leave the company? Are there any legal issues that may arise? When I informed the employer, they did not accept the letter, but I sent the email and BCCed it to my personal id. Is that enough as a formal notification of acceptance?
Please clarify the above and provide your input on how to proceed.
Regards,
Diwakkar P
From India, Madras
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1I require clarification and guidance on the above. I am an HR Executive. I have an offer from a company, but the joining time is within 10 days. My present employer has not revised the salary for the past two years. I have been working for the past two years. Now, I have informed my employer about this, but they said they will not release me in a short time span. In an earlier case, they also did not grant early releases. However, I feel I should leave even without completing the handing over formalities.
What will be the effect after I leave the company? Are there any legal issues that may arise? When I informed the employer, they did not accept the letter, but I sent the email and BCCed it to my personal id. Is that enough as a formal notification of acceptance?
Please clarify the above and provide your input on how to proceed.
Regards,
Diwakkar P
From India, Madras
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Dear Diwakar,
I would not suggest you to quit without doing the complete handover for the following reasons.
Firstly, only you know what activities you were handling and the status of the same. For a person who replaces you, they will have to reinvent the wheel.
Secondly, if the management agrees to let you go, they may put a condition that you will have to help them out whenever they need your assistance as the handover is not completed by you. In this case, you won't be able to do justice to the new job you are going to take up.
Thirdly, if you are a confirmed employee or have signed any letter of agreement wherein the notice period is mentioned, you may be categorized as an absconding employee which would affect your career adversely. If there are any pre-employment reference checks conducted at your prospective employer, you would only end up in problems. I suggest you request the new employer to give you an extension so that you could complete your notice period and then join the new firm.
You may write to me in case you need any further help in this regard.
Arun
From India, Bangalore
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I would not suggest you to quit without doing the complete handover for the following reasons.
Firstly, only you know what activities you were handling and the status of the same. For a person who replaces you, they will have to reinvent the wheel.
Secondly, if the management agrees to let you go, they may put a condition that you will have to help them out whenever they need your assistance as the handover is not completed by you. In this case, you won't be able to do justice to the new job you are going to take up.
Thirdly, if you are a confirmed employee or have signed any letter of agreement wherein the notice period is mentioned, you may be categorized as an absconding employee which would affect your career adversely. If there are any pre-employment reference checks conducted at your prospective employer, you would only end up in problems. I suggest you request the new employer to give you an extension so that you could complete your notice period and then join the new firm.
You may write to me in case you need any further help in this regard.
Arun
From India, Bangalore
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Dear Diwakkar,
Are you under any training agreement with your company? Is there a clause mentioned in your offer/appointment letter wherein you might have to buy out your notice period if it is not served? In any case, if you have resigned from your company, you are legally free. However, you are not relieved by them until they declare. Companies design the relieving process with a definite time span, such as 1 to 3 months, to ensure knowledge transfer to the talent taking over the responsibility. Serving through this notice period not only adds experience in KT but also adds a lot of credibility to the talent. When you join a new company with all your documents, it makes you a lot more responsible talent.
In your case, you need to speak to your existing employer for an early release and offer them a buyout. Please do this in writing while keeping your new employers informed. In case they still do not offer you a solution, find a way out amicably. Your new employer may or may not conduct a background check, but if it is done, it could create a problem for you.
Finally, though not all companies are listed in the NASSCOM database for talent, taking a futuristic view, it may happen. At that point in time, an absconding case would reflect very negatively for a talent.
My advice: if you have worked with this company for two years, you surely know whom to approach for help within the existing leadership. Please tread very professionally in writing so that you have sound documentation at your end.
Wish you all the best!
Regards, (Cite Contribution)
From India, Mumbai
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Are you under any training agreement with your company? Is there a clause mentioned in your offer/appointment letter wherein you might have to buy out your notice period if it is not served? In any case, if you have resigned from your company, you are legally free. However, you are not relieved by them until they declare. Companies design the relieving process with a definite time span, such as 1 to 3 months, to ensure knowledge transfer to the talent taking over the responsibility. Serving through this notice period not only adds experience in KT but also adds a lot of credibility to the talent. When you join a new company with all your documents, it makes you a lot more responsible talent.
In your case, you need to speak to your existing employer for an early release and offer them a buyout. Please do this in writing while keeping your new employers informed. In case they still do not offer you a solution, find a way out amicably. Your new employer may or may not conduct a background check, but if it is done, it could create a problem for you.
Finally, though not all companies are listed in the NASSCOM database for talent, taking a futuristic view, it may happen. At that point in time, an absconding case would reflect very negatively for a talent.
My advice: if you have worked with this company for two years, you surely know whom to approach for help within the existing leadership. Please tread very professionally in writing so that you have sound documentation at your end.
Wish you all the best!
Regards, (Cite Contribution)
From India, Mumbai
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Dear Diwakar,
I understand your issue, but as suggested by most of our friends, you should convince your current employer, ask for their support, and get relieved. You can also assure them that if necessary, you will come back to support during your holidays and days off.
Secondly, you mentioned that you will send all the documents, ID card, and other related items through RPAD. However, this method does not serve the purpose because you need to physically hand over all the items/documents that are in your possession and obtain a receipt for the same. If the employer has a negative mindset, they may send an absconding letter to you. Moreover, if they know your potential employer, they might also send a copy to them.
You have the option to communicate the entire situation to your prospective employer regarding your current employment status, obtain clearance, and then proceed to join.
Thanks and regards,
Kameswarao
From India, Hyderabad
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I understand your issue, but as suggested by most of our friends, you should convince your current employer, ask for their support, and get relieved. You can also assure them that if necessary, you will come back to support during your holidays and days off.
Secondly, you mentioned that you will send all the documents, ID card, and other related items through RPAD. However, this method does not serve the purpose because you need to physically hand over all the items/documents that are in your possession and obtain a receipt for the same. If the employer has a negative mindset, they may send an absconding letter to you. Moreover, if they know your potential employer, they might also send a copy to them.
You have the option to communicate the entire situation to your prospective employer regarding your current employment status, obtain clearance, and then proceed to join.
Thanks and regards,
Kameswarao
From India, Hyderabad
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