Dear All,
I've been working with Pvt company for almost 6years and recently resigned from that position as I got better offer outside. I gave a 1month notice period(because thats the time period I'm expected to join in the new company). But my current employer is enforcing a 3months notice period on me. I agree that my appointment order says that I've to serve a 3months notice period but it also says "In case Employee requests for release without serving complete notice period he/she is liable to pay liquidated damages towards shortfall in the notice period which is calculated based on last drawn /maintained basic pay component of home location salary of employee. Management reserves right to decide on such cases for early release."
I had a discussion up to 3rd level manager but all are saying the same thing, as per company policy you've to serve 3 months notice period.Some are very rude as well. I haven't discussed this with my prospective employer yet as I'm afraid if they say we can't wait for 3 months.
I'm not quite sure what are my options here or what to do from here. I simply don't wan't to loose the job offer.
Kindly help me in this case.
Thanks,
Jagadish
From India
I've been working with Pvt company for almost 6years and recently resigned from that position as I got better offer outside. I gave a 1month notice period(because thats the time period I'm expected to join in the new company). But my current employer is enforcing a 3months notice period on me. I agree that my appointment order says that I've to serve a 3months notice period but it also says "In case Employee requests for release without serving complete notice period he/she is liable to pay liquidated damages towards shortfall in the notice period which is calculated based on last drawn /maintained basic pay component of home location salary of employee. Management reserves right to decide on such cases for early release."
I had a discussion up to 3rd level manager but all are saying the same thing, as per company policy you've to serve 3 months notice period.Some are very rude as well. I haven't discussed this with my prospective employer yet as I'm afraid if they say we can't wait for 3 months.
I'm not quite sure what are my options here or what to do from here. I simply don't wan't to loose the job offer.
Kindly help me in this case.
Thanks,
Jagadish
From India
HI,
Pls check with your new company if there is any buyable option available.if not u can send a formal resignation mail to ur HR stating that u hav resigned from immediate date. keep a copy of it.also have a discussion with ur new HR and tell ur problem accordingly. if the company is ready to take u without relieving letter, then its fine. u can also show him ur last 3 months pay slips...ALL THE BEST
Regards
Matheen.R
From India, Madras
3Pls check with your new company if there is any buyable option available.if not u can send a formal resignation mail to ur HR stating that u hav resigned from immediate date. keep a copy of it.also have a discussion with ur new HR and tell ur problem accordingly. if the company is ready to take u without relieving letter, then its fine. u can also show him ur last 3 months pay slips...ALL THE BEST
Regards
Matheen.R
From India, Madras
Thanks Matheen and Pon for your response.
The Problem is my current employer is not agreeing for buy out of notice period. I'll discuss with the new HR, let's see how it goes.
In any case if I go without relieving letter what are the future consequences I would be facing(my main experience is with current employer), would I be able to retrieve my PF, gratuity.
Best regards,
Jagadish
From India
The Problem is my current employer is not agreeing for buy out of notice period. I'll discuss with the new HR, let's see how it goes.
In any case if I go without relieving letter what are the future consequences I would be facing(my main experience is with current employer), would I be able to retrieve my PF, gratuity.
Best regards,
Jagadish
From India
I don't think it will have any bearing on your PF if you leave without completing the N.P. but it may effect on your Gratuity. Weigh the options, if your Gratuity is more than the amount payable on account of shortfall in N.P., better pay them for the shortfall and get relieved systematically to avoid any future consequences.
Pon
From India, Lucknow
Pon
From India, Lucknow
Hi Seniors!
1. Isn't there any law/Act India to stop companies from enforcing 3 months notice period. This is really not fair to the employees when the new companies do not wait for three months ? As they themselves will not wait for such a long period. Are they not exploiting employees.
2. Is it legal, not to accept the resignation by the company in the normal situation where employee is ready to serve the notice period ?
From India, Mumbai
1. Isn't there any law/Act India to stop companies from enforcing 3 months notice period. This is really not fair to the employees when the new companies do not wait for three months ? As they themselves will not wait for such a long period. Are they not exploiting employees.
2. Is it legal, not to accept the resignation by the company in the normal situation where employee is ready to serve the notice period ?
From India, Mumbai
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