Hi All,

Due to the internal situation of the team, my manager is not ready to relieve me within the actual notice period. I respect his explanation. However, I'm in a situation to leave the company after serving half of the notice period. It is mentioned in my appointment letter also that I can serve notice or payout for the notice period and no need to provide any reason. However, internally neither HR nor my manager is agreeing to this and stating that the approval is needed. Since I have initiated my resignation via tool and email mentioning the expected exit date, will it be considered as termination/abscond if I leave before serving the complete notice period? And I am worried if I get negative feedback from this employer, this will impact my employment with other employers.

Note:
1. My decision to move is due to a personal situation.
2. My new employer is not flexible with the joining date, due to some dependency with their customer.
3. I have notified my manager formally of my resignation and I'm leaving after serving a notice of 30 days, where my actual notice is 2 months.
4. I want to complete my exit formalities without any issues for me or my present company.

From India, Pune
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nathrao
3251

Here, in spite of clear agreement and your willingness to pay for the remaining days, if your company does not let you leave, a decision has to be made to quit with a clear letter explaining the whole situation and enclosing a cheque for one month's notice. You may receive a poor reference from the company. That is a risk which you need to consider. Have you spoken/written to higher authorities - level above the reporting manager and HR? Exiting may lead to bad blood, delays in F & F, and poor references. So, the ball is in your court.
From India, Pune
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Hi Nathrao, Yes I spoke with next level people as well.Didn’t help. 1.Will they provide me relieving letter 2.will it be considered abscond
From India, Pune
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nathrao
3251

Give the company a final resignation letter along with payment of the 30-days notice period. The company may terminate your services and provide negative feedback to your new employer. Are you a permanent employee of the present company? They cannot turn it into an absconding case. Everything depends on what is stated in your exit agreement.
From India, Pune
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Dear Friend,

The first mistake you have made is by giving a date to your new employer that falls within your notice period. In general, firms often take a firm stand on serving the notice period rather than just the notice period amount to keep pressure on the employee.

From your post, it seems that the process of being relieved from your current job is still at the verbal stage, and you have not received anything in writing from the management. You should discuss with your potential employer whether they are willing to proceed without the formal release letter. If they have no issue with accepting you without the document, then you can draft a letter stating, "This is as per the discussion I had with you on [date] as my resignation date. I have already served the 30-day notice period and will be paying Rs. [amount] in lieu of the notice for the remaining 30 days, as per the compliance of the notice period. Therefore, my last day of work will be at the closing hour on [date, the next day after the initial 30-day notice period]."

This approach can be beneficial in the future if any legal complications arise.

Please let me know if you need further assistance.

Thank you.

From India, Mumbai
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