Dollyjack
2

I am working in an IT service oraganization for 2+ years and planning to move out. I am getting good offers how ever I am unable to move due to 3 months of notice period. None of the companies are willing to wait for 3 months to have me in their system, they want immediate joiners.

Because of this issue I am loosing many good offers. I know I have to serve my notice as per company policy, but is there a way to reduce the notice time. I spoke to my HR they say that they cannot do much about it. I have not resigned yet because after resigning I do not want to be at home jobless when nobody is ready to wait for 3 months for me to join them.

I do not want to continue with the current employer as there is no benefits available, example(i went for maternity for 3 months with no pay and no insurance, i just got Rs.25000 check after I came back from 3 months maternity which is not even my 3 months basic pay which will b more than that).I do not have PF and other benefits.

Also in my field openings are there only from august till Feb, and this year, the openings are vey less.

I cannot be at home without pay, my husband got layed off and looking for job. I am afraid that I will have to stick to them for next year as well which I do not want. Please suggest me how to handle this situation.


pon1965
604

talk to your prospective employers for the buy-out of notice pay. If they are ready to reimburse the shortfall in notice period, you can move ahead. Pon
From India, Lucknow
Dollyjack
2

Hello Pon,
Thanks for the response, Yes I already did, they are not ready for the buy out. Also other companies are ready to go for buy out only for 30 days that too if i can join them in 10 days time. They are not ready to wait or buy 90 days notice. Cos of which I am loosing many good offers.
Also I see that my existing employer is not releasing releaving letters and final settlements for 6 months after i complete my notice, so I cannot get into any company. That is really worse.
I am confused, Whether to abscond, but i will need releaving letter to join a new company, also I cannot survive without a salary for one month due to financial situation.
I can resign serve my notice and start seraching for jobs when I am on 2nd month notice. But its not wise to leave the job without having any offers in hand. What if there is no opening and no offers.
My sitiuation is pretty bad and dont know how to proceed.
Thanks,
Dolly


RAINBOW1994
I Feel you can give three months basic pay in lieu of three months notice. Please check your appointment order it could be mentioned there - either 3 months notice or 3 months pay - this provision applies to both the employer as well as employee.
From India, Thana
Dollyjack
2

Not basic, its full pay mentioned there, but still they are not ready to accept to leave me early. They want me to work for 3 month notice. :(

RAINBOW1994
Pay in legal terms means basic pay. There is ruling from SC that allowances do not constitute pay. The clause of three months notice in your appointment order, does it mention either side. The appointment order is like a contract where in either parties could terminate the contract with notice or in lieu of notice pay. I feel consulting a lawyer will help.
From India, Thana
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