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.
Potential Consequences of Leaving Without Notice
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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1Potential Consequences of Leaving Without Notice
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 quitting without completing the handover for the following reasons.
Reasons to Complete Handover
Firstly, only you know what activities you were handling and their status. A person replacing you would have to reinvent the wheel.
Secondly, if management agrees to let you go, they may require you to assist them whenever needed since the handover is not completed. This could prevent you from doing justice to the new job you are about to take up.
Thirdly, if you are a confirmed employee or have signed a letter of agreement mentioning the notice period, you may be categorized as an absconding employee, which could adversely affect your career. If pre-employment reference checks are conducted by your prospective employer, you could face problems. I suggest requesting the new employer for an extension so you can complete your notice period before joining the new firm.
You may write to me if you need any further help in this regard.
Regards,
Arun
From India, Bangalore
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I would not suggest quitting without completing the handover for the following reasons.
Reasons to Complete Handover
Firstly, only you know what activities you were handling and their status. A person replacing you would have to reinvent the wheel.
Secondly, if management agrees to let you go, they may require you to assist them whenever needed since the handover is not completed. This could prevent you from doing justice to the new job you are about to take up.
Thirdly, if you are a confirmed employee or have signed a letter of agreement mentioning the notice period, you may be categorized as an absconding employee, which could adversely affect your career. If pre-employment reference checks are conducted by your prospective employer, you could face problems. I suggest requesting the new employer for an extension so you can complete your notice period before joining the new firm.
You may write to me if you need any further help in this regard.
Regards,
Arun
From India, Bangalore
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Dear Diwakkar,
Training Agreement and Notice Period
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.
Early Release and Buyout
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.
Future Implications
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.
Professional Advice
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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Training Agreement and Notice Period
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.
Early Release and Buyout
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.
Future Implications
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.
Professional Advice
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 Mr. Arun / Ms. (Cite Contribution),
Thank you for your support. In my case, they are trying to retain me, but the current situation at the company is unfavorable. There have been no salary revisions for the past two years, and there are rumors of no increments in the upcoming year as well. In this scenario, I do not want to miss the opportunity.
Additionally, I had a discussion with my reporting manager on May 6th, where he mentioned to send the offer which they would review promptly. However, there has been no further discussion since then. Historically, the company tends to delay employee releases and avoid discussions.
To protect myself, I provided a letter during the discussion outlining the details discussed, the expected date of release, and other relevant information. Although my manager did not accept it, I sent a copy of the offer via email, BCCing my personal email for record-keeping.
If they do not accept it, I plan to leave on the proposed date, sending a letter with all necessary documents, including my ID card, access card, and locker key via registered post. I believe this, along with the email and postal acknowledgment, should suffice to avoid being considered an absconding case.
Regarding my PF, I will process it when necessary for withdrawal. If they sign, I will do it through them; if not, I will proceed with the bank manager's signature.
Please advise, as I feel I have no other option considering my family's financial situation. Kindly correct me if my decision seems incorrect.
Best Regards,
Diwakkar P
From India, Madras
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Thank you for your support. In my case, they are trying to retain me, but the current situation at the company is unfavorable. There have been no salary revisions for the past two years, and there are rumors of no increments in the upcoming year as well. In this scenario, I do not want to miss the opportunity.
Additionally, I had a discussion with my reporting manager on May 6th, where he mentioned to send the offer which they would review promptly. However, there has been no further discussion since then. Historically, the company tends to delay employee releases and avoid discussions.
To protect myself, I provided a letter during the discussion outlining the details discussed, the expected date of release, and other relevant information. Although my manager did not accept it, I sent a copy of the offer via email, BCCing my personal email for record-keeping.
If they do not accept it, I plan to leave on the proposed date, sending a letter with all necessary documents, including my ID card, access card, and locker key via registered post. I believe this, along with the email and postal acknowledgment, should suffice to avoid being considered an absconding case.
Regarding my PF, I will process it when necessary for withdrawal. If they sign, I will do it through them; if not, I will proceed with the bank manager's signature.
Please advise, as I feel I have no other option considering my family's financial situation. Kindly correct me if my decision seems incorrect.
Best Regards,
Diwakkar P
From India, Madras
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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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