My employer isn’t relieving me though I’m ready to buy out my notice period as per the employment contract. They are forcefully holding me back though my replacement is in place and the handover process is completed. I’m serving 60 out of 90 days notice. The appointment letter mentions that either parties can terminate the contract by giving a notice of 90 days, or salary in lieu of shortfall in notice, at the management's discretion. My next organization is also not postponing the date of joining, and I will lose the opportunity if not relieved and would be rendered jobless. What is the way out?
From India, New Delhi
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From India, New Delhi
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Hi,
The purpose of the notice period is to find a better replacement and ensure a smooth handover. In your case, a replacement is in place, the handover is completed, and you are also ready to buy out the 30-day notice period, which is fair on your part. I could not find any logic in holding you back.
Let's see what you can do now:
a. Just try to escalate this to the next level in HR/management of your present company and see if any positive outcomes occur. If you have already done this and not seen any positive results, try the following:
b. Please speak to the HR of the new organization where you are going to join and try to make them understand the situation.
c. Your current company can only withhold the experience and relieving orders if you leave without completing 90 days and nothing else. They cannot even withhold any statutory payments due to you. In fact, as per the appointment order, it is clear that you can buy out the notice period in case of inability to serve the notice.
d. Hence, please try to understand whether your new company will accept you without the experience and relieving order. If they are okay without these, you can proceed further to join your new company.
e. If you decide to leave as indicated in "c," send an email to your present company detailing the reasons for your improper departure as per their company policy. This may help in the future.
Though experience and relieving orders are important as you progress in your career, this is the only option you have now to move forward.
Regards,
Kannan M
From India, Madurai
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159The purpose of the notice period is to find a better replacement and ensure a smooth handover. In your case, a replacement is in place, the handover is completed, and you are also ready to buy out the 30-day notice period, which is fair on your part. I could not find any logic in holding you back.
Let's see what you can do now:
a. Just try to escalate this to the next level in HR/management of your present company and see if any positive outcomes occur. If you have already done this and not seen any positive results, try the following:
b. Please speak to the HR of the new organization where you are going to join and try to make them understand the situation.
c. Your current company can only withhold the experience and relieving orders if you leave without completing 90 days and nothing else. They cannot even withhold any statutory payments due to you. In fact, as per the appointment order, it is clear that you can buy out the notice period in case of inability to serve the notice.
d. Hence, please try to understand whether your new company will accept you without the experience and relieving order. If they are okay without these, you can proceed further to join your new company.
e. If you decide to leave as indicated in "c," send an email to your present company detailing the reasons for your improper departure as per their company policy. This may help in the future.
Though experience and relieving orders are important as you progress in your career, this is the only option you have now to move forward.
Regards,
Kannan M
From India, Madurai
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Thanks for the response Jeshkan. I am myself in HR hence it’s becoming really difficult. I have spoken to my skip level manager who is the deciding authority and he is hellbent on an early release. I have spoken to my next organization to defer the DOJ but that isn’t possible due to the nature of job there. Also submitting relieving letter is mandatory in their norms. So actually tried all options without any luck.
From India, New Delhi
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From India, New Delhi
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Dear HR Guy,
The acceptance of notice pay in lieu of serving out the notice period is at the option of the employer. You may feel that the process of handing over charge is over, but the 'boss' thinks otherwise. I think this is an extraordinary situation, and you cannot go by the rule book; you will have to present the 'boss' with a situation where the only option is to relieve you!!! You may use your skill & creativity.
From India, Mumbai
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The acceptance of notice pay in lieu of serving out the notice period is at the option of the employer. You may feel that the process of handing over charge is over, but the 'boss' thinks otherwise. I think this is an extraordinary situation, and you cannot go by the rule book; you will have to present the 'boss' with a situation where the only option is to relieve you!!! You may use your skill & creativity.
From India, Mumbai
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