Subject - HR policy to release a candidate
Hello All,
I need expert advise on this please. I 'm quiting my organization ( a reputed one) , and in my offer letter i was asked to serve 1 month notice period.Now, the scenario is :
The organization had made this official on May 2nd , 2010 that all its emplyoees need to server 3 months of notice. I joined the organization on 6th May ,2010.
It was clearly mentioned in the official letter that -
"The revised terms of notice period have already been implemented for new hires."
I was give Hard and soft copy of the offer at the time of joining mentioning that i have to server 1 month notice period.Neither was i updated personally nor i was sent any intimation after wards that the policy has changed.
There has been candidates who joined after during that period intimated personally on their Email about this change . This has not been my case.
I have made some personal commitments based on this , and i told the HR clearly that i will not be able to server notice period more than 1 month ,strictly based on my offer letter ( all official).
The Head HR accepetd that what i was technically saying was right but he needs 2-3 days time to decide.I strongly doubt they will let me go, they would plot something and bound me to stay for 3 months .
I want to be released in month , but the HR is taking time to give a response.I do not mind that, but , in case if they decide to extend my notice period to 3 months is something I will not be accepeting .
I want to know legally how i can negotiate with the HR to release me in 1 Month.
Please suggest me some strong points .
thanks !!
From India
Hello All,
I need expert advise on this please. I 'm quiting my organization ( a reputed one) , and in my offer letter i was asked to serve 1 month notice period.Now, the scenario is :
The organization had made this official on May 2nd , 2010 that all its emplyoees need to server 3 months of notice. I joined the organization on 6th May ,2010.
It was clearly mentioned in the official letter that -
"The revised terms of notice period have already been implemented for new hires."
I was give Hard and soft copy of the offer at the time of joining mentioning that i have to server 1 month notice period.Neither was i updated personally nor i was sent any intimation after wards that the policy has changed.
There has been candidates who joined after during that period intimated personally on their Email about this change . This has not been my case.
I have made some personal commitments based on this , and i told the HR clearly that i will not be able to server notice period more than 1 month ,strictly based on my offer letter ( all official).
The Head HR accepetd that what i was technically saying was right but he needs 2-3 days time to decide.I strongly doubt they will let me go, they would plot something and bound me to stay for 3 months .
I want to be released in month , but the HR is taking time to give a response.I do not mind that, but , in case if they decide to extend my notice period to 3 months is something I will not be accepeting .
I want to know legally how i can negotiate with the HR to release me in 1 Month.
Please suggest me some strong points .
thanks !!
From India
Hey Hammerfall,
Legally there can be no option to negotitate with HR department for an early exit, this can be done politely and by being humble..
As you are aware that the notice period has been extended to 3 months and official letter/notice was circulated on 2nd may so officialy it involves you as well as your DOJ is 6th May..
If your HR head agrees, I'm sure he/she will be able relieve you in one month's time, totally based on your relationship and behaviour now, if you take a step to go legal that would create problems and negativity on both sides, so its better to wait for 2-3 days time as asked by the HR head and then plan your course of action....
Regards
From India, Delhi
113Legally there can be no option to negotitate with HR department for an early exit, this can be done politely and by being humble..
As you are aware that the notice period has been extended to 3 months and official letter/notice was circulated on 2nd may so officialy it involves you as well as your DOJ is 6th May..
If your HR head agrees, I'm sure he/she will be able relieve you in one month's time, totally based on your relationship and behaviour now, if you take a step to go legal that would create problems and negativity on both sides, so its better to wait for 2-3 days time as asked by the HR head and then plan your course of action....
Regards
From India, Delhi
Hi Archana,
Thank you for the response. I don't mind waiting for 2-3 days. I just want to make myself prepared for this . What if they say i need to server 3 Months notice?
I understand when this was officially declared ,i.e , on 2nd May it applies to all the new joinees , but it is clearly mentioned that "The revised terms of notice period have already been implemented for new hires".
and when i joined i was to be given a revised letter. There 're emplyoees receiving revised letter ,who joined during that period .
I cannot continue beyond 1 month , thats the reason i need to know how can i put my point more effectively to the head HR in a polite way ,of coarse.
I don't have any thing mentioned officially to me and this is a glich from the HR point of view. Why can't I take this seriously when i need to be released in 1 month .
please suggest.
From India
Thank you for the response. I don't mind waiting for 2-3 days. I just want to make myself prepared for this . What if they say i need to server 3 Months notice?
I understand when this was officially declared ,i.e , on 2nd May it applies to all the new joinees , but it is clearly mentioned that "The revised terms of notice period have already been implemented for new hires".
and when i joined i was to be given a revised letter. There 're emplyoees receiving revised letter ,who joined during that period .
I cannot continue beyond 1 month , thats the reason i need to know how can i put my point more effectively to the head HR in a polite way ,of coarse.
I don't have any thing mentioned officially to me and this is a glich from the HR point of view. Why can't I take this seriously when i need to be released in 1 month .
please suggest.
From India
Hi,
I agree and understand your point of view, its a lapse from HR department and hence such situation...
There can be two solutions,
First as i suggested in my previous post, talk it out with the HR Head and try to convince them about the whole scenario, about how things are mentioned in your offer letter and on the basis of that you have already given words to next company..I think they will understand your concern and the logic behind the whole situation...
Second could be to just resign and serve one month notice and leave...this might create another problem of improper exit and the company might hold your salary or relieving....
hope it will work for you...
From India, Delhi
I agree and understand your point of view, its a lapse from HR department and hence such situation...
There can be two solutions,
First as i suggested in my previous post, talk it out with the HR Head and try to convince them about the whole scenario, about how things are mentioned in your offer letter and on the basis of that you have already given words to next company..I think they will understand your concern and the logic behind the whole situation...
Second could be to just resign and serve one month notice and leave...this might create another problem of improper exit and the company might hold your salary or relieving....
hope it will work for you...
From India, Delhi
Hi,
I saw your previous discussions.
I will go with archna.......
Be polite with Hr Head and try to explain your situation.. If your rude with them then surely they wont let you go.
If you left the firm after 1month without serving your notice...... As said by archna surely, you ll be in trouble and will not able to get your experience letter.........
If your Hr Head is not convening. Then tell your new company about your situation..........
If you are really wanted by them then surely they buy out from your previous company..............
Or you itself come out of your company by buy out option......... This is the final solution....
From India, Madras
I saw your previous discussions.
I will go with archna.......
Be polite with Hr Head and try to explain your situation.. If your rude with them then surely they wont let you go.
If you left the firm after 1month without serving your notice...... As said by archna surely, you ll be in trouble and will not able to get your experience letter.........
If your Hr Head is not convening. Then tell your new company about your situation..........
If you are really wanted by them then surely they buy out from your previous company..............
Or you itself come out of your company by buy out option......... This is the final solution....
From India, Madras
This shows that you need to bow down just because that HR has got power and tomorrow he can spoil the reference check, is this what HR should post?
You should rather encourage the candidate to get his RIGHT of RELIEVING else he can even complain to police and arrest the HR and spoil the HR once the HR carrier is spoiled then he knows how it feels to trouble other candidates in relieveing ..
From India, Madras
You should rather encourage the candidate to get his RIGHT of RELIEVING else he can even complain to police and arrest the HR and spoil the HR once the HR carrier is spoiled then he knows how it feels to trouble other candidates in relieveing ..
From India, Madras
You only agree that its lapse frrom HR still why to CONVINCE the hR why not point out HR s mistake and ask them to rectify it immediately and give reliving on the spot ? No because HR has big EGO, and no one can speak against them..
From India, Madras
From India, Madras
You are already on the safer side, as you aren't intimated about the extension of notice period, company can't force you to stay back. So, no worries staright away go to HR & take your releiving letter. All the best.
From India, New Delhi
From India, New Delhi
Hi...,
If the fact was updated in the standing orders of your company on 02.05.10 and compliances are duely made by the company under this act; it is mandatory to you to follow this.
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From India, Jaipur
If the fact was updated in the standing orders of your company on 02.05.10 and compliances are duely made by the company under this act; it is mandatory to you to follow this.
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From India, Jaipur
Hello hammerfall,
Anurag Jain is right.
Going by the facts of the case you mentioned, you have 2 options:
1] You haven't mentioned your job role/designation. But, in general, you know that the Notice Period is meant mainly for transferring the knowledge & other responsibilities as well as to identify a replacement, though of late it's also being used to hold-back employees.
In view of this aspect, check out for yourself how much of ACTUAL time you would need to handle this handing-over task & use this info when you discuss with the HR--if not the full period, quite often it enables to get the Notice Period reduced drastically.
2] Talk to the New Employer where you are now moving--request them for more time [AS MUCH AS you can].
By this, you are trying to achieve a trade-off between what's practically possible with both the companies--& reaching for a mid-way cut-off date.
I don't think there's any point in going the legal way in such scenarios [if you attempt to speak in that language, you will only end-up a hardened stand from the HR guy]--however eager/much you want to go in that direction. You will only end-up ruining your chances for a future Reference.
All the Best.
Rgds,
TS
From India, Hyderabad
Anurag Jain is right.
Going by the facts of the case you mentioned, you have 2 options:
1] You haven't mentioned your job role/designation. But, in general, you know that the Notice Period is meant mainly for transferring the knowledge & other responsibilities as well as to identify a replacement, though of late it's also being used to hold-back employees.
In view of this aspect, check out for yourself how much of ACTUAL time you would need to handle this handing-over task & use this info when you discuss with the HR--if not the full period, quite often it enables to get the Notice Period reduced drastically.
2] Talk to the New Employer where you are now moving--request them for more time [AS MUCH AS you can].
By this, you are trying to achieve a trade-off between what's practically possible with both the companies--& reaching for a mid-way cut-off date.
I don't think there's any point in going the legal way in such scenarios [if you attempt to speak in that language, you will only end-up a hardened stand from the HR guy]--however eager/much you want to go in that direction. You will only end-up ruining your chances for a future Reference.
All the Best.
Rgds,
TS
From India, Hyderabad
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