Hi, I work with an IT company and have a notice period of 90 days.
I have resigned from the company on 16-NOV-2016 and requested to be relieved by 16-DEC-2016. I will serve 40 days of notice (31 days as of 16-DEC and 9 days of my leaves available by 16-DEC).
I have communicated my joining date to my new employer as 19-DEC-2016 based on the buy-out option and early release option in our company policy.
I informed my manager about my resignation and early release well in advance, and he asked me to wait until he gets approval from our BU HR on the same. Yesterday, he told me that HR is not approving early release due to high attrition in the company and asked me to communicate to my new employer that I cannot join on 19-DEC-2016.
However, my new employer is willing to buy out my 2 months' notice and cannot wait beyond 19-DEC.
I understand that it was my mistake to communicate the joining date before approval from my manager, but also, I do not want to lose out on the new opportunity.
My manager first said he has no issue relieving me early and said the same to HR, but I have no written communication on this from him.
I don't know if they will approve my case before 16-DEC, and it will be a case of absconding if I do not report to work from 19-DEC.
Please guide me on what I should do in this case.
As per the exit policy of the company, "Early Release/Shortfall of Notice Period: The notice period of 90 days needs to be served by all the employees. All such cases wherein the Supervisor/N+1 approves an early release, it also needs to be approved by the BU head in consultation with HR. Shortfall of the notice period shall be recovered from the employee."
From India, Mumbai
Acknowledge(0)
Amend(0)
2I have resigned from the company on 16-NOV-2016 and requested to be relieved by 16-DEC-2016. I will serve 40 days of notice (31 days as of 16-DEC and 9 days of my leaves available by 16-DEC).
I have communicated my joining date to my new employer as 19-DEC-2016 based on the buy-out option and early release option in our company policy.
I informed my manager about my resignation and early release well in advance, and he asked me to wait until he gets approval from our BU HR on the same. Yesterday, he told me that HR is not approving early release due to high attrition in the company and asked me to communicate to my new employer that I cannot join on 19-DEC-2016.
However, my new employer is willing to buy out my 2 months' notice and cannot wait beyond 19-DEC.
I understand that it was my mistake to communicate the joining date before approval from my manager, but also, I do not want to lose out on the new opportunity.
My manager first said he has no issue relieving me early and said the same to HR, but I have no written communication on this from him.
I don't know if they will approve my case before 16-DEC, and it will be a case of absconding if I do not report to work from 19-DEC.
Please guide me on what I should do in this case.
As per the exit policy of the company, "Early Release/Shortfall of Notice Period: The notice period of 90 days needs to be served by all the employees. All such cases wherein the Supervisor/N+1 approves an early release, it also needs to be approved by the BU head in consultation with HR. Shortfall of the notice period shall be recovered from the employee."
From India, Mumbai
Acknowledge(0)Amend(0)
If the contract states that your superior must approve this, there is nothing one can do. The only thing you can do is to convince them. If you still decide to leave, they can file a civil suit for breach of contract.
From India, Kolkata
Acknowledge(0)Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
Dear friend,
The terms in the notice condition are clear. You have to serve the entire notice period of 90 days, and the shortfall of the notice period, if any, due to early release has to be compensated by the outgoing employee. During the notice period, either the approval of leave or adjustment of available leave against the notice period will normally be a matter of discretion of the employer. Therefore, make a representation again to buy out the remaining 59 days of the notice period so as to get formally relieved, marking a copy thereof to the prospective employer.
From India, Salem
Acknowledge(1)Amend(0)
0
0
The terms in the notice condition are clear. You have to serve the entire notice period of 90 days, and the shortfall of the notice period, if any, due to early release has to be compensated by the outgoing employee. During the notice period, either the approval of leave or adjustment of available leave against the notice period will normally be a matter of discretion of the employer. Therefore, make a representation again to buy out the remaining 59 days of the notice period so as to get formally relieved, marking a copy thereof to the prospective employer.
From India, Salem
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is partially correct. While the user correctly mentioned that the employee must serve the entire notice period of 90 days and any shortfall should be compensated, they should also be aware that the employer's discretion on approving leave during the notice period is crucial. It's essential to follow the company policy and seek formal approval for any buy-out options. Encourage them to communicate effectively with both their current and prospective employers to find a solution.
0
0
Hi,
In my offer letter it has been said "This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof.However release from the services of the company will be subject to satisfactory handover of the responsibilities assigned to you."
I have written to HR below:
Considering my tenure (4 years 8 months) with comapny, I will:
1. Serve a notice period of 31 days (+ 9 earned leaves)
2. Reimburse the shortfall of 59 days at the rate of my monthly total base compensation (TBC).
3. Complete all existing responsibilities on projects/ tasks that need to be executed by me.
4. Ensure a smooth transition/handover of outstanding responsibilities/ to team.
This is what she has responded:
"We appreciate the situation and empathize with you. However we are constrained by organization guidance on this issue wherein we have been advised to strictly follow 90 days’ notice period."
what should i reply?
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
In my offer letter it has been said "This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof.However release from the services of the company will be subject to satisfactory handover of the responsibilities assigned to you."
I have written to HR below:
Considering my tenure (4 years 8 months) with comapny, I will:
1. Serve a notice period of 31 days (+ 9 earned leaves)
2. Reimburse the shortfall of 59 days at the rate of my monthly total base compensation (TBC).
3. Complete all existing responsibilities on projects/ tasks that need to be executed by me.
4. Ensure a smooth transition/handover of outstanding responsibilities/ to team.
This is what she has responded:
"We appreciate the situation and empathize with you. However we are constrained by organization guidance on this issue wherein we have been advised to strictly follow 90 days’ notice period."
what should i reply?
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is incorrect. The company's policy states that early release needs approval from both the Supervisor/N+1 and BU head in consultation with HR. The user should follow the company's policy and seek approval accordingly.
0
0
Dear Vikas,
I think the condition of notice of termination just mentioned in your last post is the true extract of the same as mentioned in your appointment orders. However, the saving clause mentioned at the end seems to be a bit ambiguous. What does the phrase "satisfactory handover of the responsibilities assigned" actually mean? Is it the properties of the company entrusted to with the employee or any uncompleted part of the work in the form of a report till the end of the notice period mentioned?
Are you assured of your joining date by your prospective employer and is there any proof in writing from them? In the event of the relief orders and experience certificate getting delayed by the present employer, will the prospective employer allow you to join as per the offer without insisting on them?
If your answer is 'yes' to both the questions, write back politely to the management under a copy to the new employer that when you are ready to comply with the notice conditions, they cannot reject your resignation or delay your formal relief as requested beforehand on any subjective consideration and request them to make necessary arrangements for the receipt of the properties of the company in your custody on or before the last working day mentioned in your notice.
From India, Salem
Acknowledge(0)Amend(0)
0
0
I think the condition of notice of termination just mentioned in your last post is the true extract of the same as mentioned in your appointment orders. However, the saving clause mentioned at the end seems to be a bit ambiguous. What does the phrase "satisfactory handover of the responsibilities assigned" actually mean? Is it the properties of the company entrusted to with the employee or any uncompleted part of the work in the form of a report till the end of the notice period mentioned?
Are you assured of your joining date by your prospective employer and is there any proof in writing from them? In the event of the relief orders and experience certificate getting delayed by the present employer, will the prospective employer allow you to join as per the offer without insisting on them?
If your answer is 'yes' to both the questions, write back politely to the management under a copy to the new employer that when you are ready to comply with the notice conditions, they cannot reject your resignation or delay your formal relief as requested beforehand on any subjective consideration and request them to make necessary arrangements for the receipt of the properties of the company in your custody on or before the last working day mentioned in your notice.
From India, Salem
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply contains good advice and considerations for the situation described. It shows a thoughtful approach to handling the issue at hand. Well done! (1 Acknowledge point)
0
0
Thank you, Umakanthan, for your reply.
The answer is YES to both of your questions. I was pushing my current employer for a smooth release because of my 4.8 years of tenure with the company and I wanted reliving and experience letters for future references. I cannot report to work from 19th Dec. What is the use of giving them advance notice if they are creating a scenario for me to abscond?
My questions are:
1) What kind of legal action can the company take against me?
2) Can they declare me an absconder even though I have given my notice in writing (via email)?
3) If I join the other company on 19th Dec, will it be actually treated as a case of having dual employment?
Thanks in advance for your kind reply.
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
The answer is YES to both of your questions. I was pushing my current employer for a smooth release because of my 4.8 years of tenure with the company and I wanted reliving and experience letters for future references. I cannot report to work from 19th Dec. What is the use of giving them advance notice if they are creating a scenario for me to abscond?
My questions are:
1) What kind of legal action can the company take against me?
2) Can they declare me an absconder even though I have given my notice in writing (via email)?
3) If I join the other company on 19th Dec, will it be actually treated as a case of having dual employment?
Thanks in advance for your kind reply.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The company can take legal action for not serving the full notice period. They may not declare you an absconder but can recover shortfall. Joining another company on 19th DEC may not constitute dual employment. (1 Acknowledge point)
0
0
Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Early PF withdrawal won’t be easy.pdf
Early days of Infosys.ppt
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is partially correct. However, missing details on legal implications and misrepresentation. An amendment is needed.