Hi, I recently received an offer from an MNC. During the interviews, I had informed them that my notice period is 3 months but it's negotiable, and some people have left within 15 days. The offer letter states that I will receive a joining bonus only if I join within one month; otherwise, it won't be paid. The date of joining mentioned in the offer letter indicates the reporting date in the last week of October. Additionally, it specifies that the offer letter becomes null and void if I fail to join on the specified date.
Currently, my current company is not releasing me before the completion of 3 months, nor allowing me to adjust my leaves or buy out the notice period. I am concerned about whether the other company can revoke the offer entirely or if it only pertains to the joining bonus that I may have to forgo.
Please advise.
From India, Hyderabad
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Currently, my current company is not releasing me before the completion of 3 months, nor allowing me to adjust my leaves or buy out the notice period. I am concerned about whether the other company can revoke the offer entirely or if it only pertains to the joining bonus that I may have to forgo.
Please advise.
From India, Hyderabad
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In my personal opinion, most probably the deadline mentioned in the offer letter pertains to the eligibility for the joining bonus only. Anyway, you may inform the prospective employer about your obligation to serve the entire notice period in the present organization and request to be permitted to join after formal relieving. If confirmed forthwith, you are ready to forego the joining bonus.
From India, Salem
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6185From India, Salem
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Dear Vikkh.Nitk,
Whenever a vacancy arises, the HR department is given a target to fill the vacancy within a certain time limit. They are given this recruitment-completion target in order to maintain operational continuity. Whenever an employee quits an organization, a new one must join in the shortest possible time. A prolonged gap could hamper the operations which, in turn, could hamper customer satisfaction as well.
In your case, your future company has gone a step ahead and has assured you a "joining bonus." This joining bonus was given to you so that you can quit your current company and losses caused to you could be offset either fully or partially.
Nevertheless, unthinkingly you gave assurance to the future employer on your early joining. Commitment to the future employer should have arisen from the commitment and that too in writing by the current employer. Now your current employer has refused to waive off the notice period and has asked you to serve the notice period. Their mandate has pushed you into the current predicament.
Far from forfeiture of the "joining bonus," a threat of revocation of the job offer itself is looming on your head. However, this threat could be imaginary as well. Send an email to the HR department of the future employer confirming your inability to join within a month. If required, you may go there personally and explain your inability. A personal meeting is always helpful.
Lastly, keep in mind the smooth exit from the current organization as well. While you may insist on the early exit, you should not engage in an act that may be perceived as "misconduct" by the current employer. Any misconduct could be a double whammy to you.
Thanks,
Dinesh Divekar
From India, Bangalore
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Whenever a vacancy arises, the HR department is given a target to fill the vacancy within a certain time limit. They are given this recruitment-completion target in order to maintain operational continuity. Whenever an employee quits an organization, a new one must join in the shortest possible time. A prolonged gap could hamper the operations which, in turn, could hamper customer satisfaction as well.
In your case, your future company has gone a step ahead and has assured you a "joining bonus." This joining bonus was given to you so that you can quit your current company and losses caused to you could be offset either fully or partially.
Nevertheless, unthinkingly you gave assurance to the future employer on your early joining. Commitment to the future employer should have arisen from the commitment and that too in writing by the current employer. Now your current employer has refused to waive off the notice period and has asked you to serve the notice period. Their mandate has pushed you into the current predicament.
Far from forfeiture of the "joining bonus," a threat of revocation of the job offer itself is looming on your head. However, this threat could be imaginary as well. Send an email to the HR department of the future employer confirming your inability to join within a month. If required, you may go there personally and explain your inability. A personal meeting is always helpful.
Lastly, keep in mind the smooth exit from the current organization as well. While you may insist on the early exit, you should not engage in an act that may be perceived as "misconduct" by the current employer. Any misconduct could be a double whammy to you.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear colleague,
The date of joining was based on what you must have committed, and the joining bonus was tied to it. Since you are unable to keep your committed joining date, the future employer is within their right to withdraw the offer of the joining bonus. However, the job offer may not be affected if you can convince them of your genuine difficulty.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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The date of joining was based on what you must have committed, and the joining bonus was tied to it. Since you are unable to keep your committed joining date, the future employer is within their right to withdraw the offer of the joining bonus. However, the job offer may not be affected if you can convince them of your genuine difficulty.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Hello All,
Thank you for the inputs. I had never told them that I will be relieved within a month. In fact, I always told them that the notice period is 3 months, which is negotiable up to 1 month, as has been seen in other cases. I never promised anything. Even the HR of my future company has agreed that while 3 months is the notice period, the way I spoke in interviews made them hopeful of an early joining. They are well within their right to revoke the offer, but I was just wondering if they will do so because all my onboarding formalities, background verification, etc., have already been completed, and even the system has been delivered to me at my home. Do HRs resort to pressure tactics to get a commitment to join and prevent individuals from backing out at the last moment? Is it illegal to abscond from my current employer to join the next one because in the offer letter, it is only mentioned that the person will be terminated for non-reporting, but there is no mention of legal action. The word 'legal' has not been mentioned even once in the entire offer letter. If so, can they take legal action against me?
Thanks once again.
From India, Hyderabad
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Thank you for the inputs. I had never told them that I will be relieved within a month. In fact, I always told them that the notice period is 3 months, which is negotiable up to 1 month, as has been seen in other cases. I never promised anything. Even the HR of my future company has agreed that while 3 months is the notice period, the way I spoke in interviews made them hopeful of an early joining. They are well within their right to revoke the offer, but I was just wondering if they will do so because all my onboarding formalities, background verification, etc., have already been completed, and even the system has been delivered to me at my home. Do HRs resort to pressure tactics to get a commitment to join and prevent individuals from backing out at the last moment? Is it illegal to abscond from my current employer to join the next one because in the offer letter, it is only mentioned that the person will be terminated for non-reporting, but there is no mention of legal action. The word 'legal' has not been mentioned even once in the entire offer letter. If so, can they take legal action against me?
Thanks once again.
From India, Hyderabad
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Dear friend,
After accepting the offer, in exceptional circumstances like compulsion to serve the notice period in the current job by the prospective appointee may not be treated as illegal. However, abscondence from the current job would certainly be considered misconduct, the punishment for which can leave an indelible stigma on your career. It is better to inform the prospective employer of your inability to join as agreed earlier and your willingness to forego the joining bonus.
From India, Salem
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After accepting the offer, in exceptional circumstances like compulsion to serve the notice period in the current job by the prospective appointee may not be treated as illegal. However, abscondence from the current job would certainly be considered misconduct, the punishment for which can leave an indelible stigma on your career. It is better to inform the prospective employer of your inability to join as agreed earlier and your willingness to forego the joining bonus.
From India, Salem
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Maybe I shouldn't have said that the Notice Period is negotiable. In fact, my current company shouldn't write 'salary in lieu thereof' in its offer letter because it does not allow buyouts or leave adjustments. The offer is finally getting revoked, and there is nothing anyone can do.
Thanks to all for the inputs.
From India, Hyderabad
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Thanks to all for the inputs.
From India, Hyderabad
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Dear colleague,
Sorry, it ended with the withdrawal of the offer. You could have chosen to confirm the joining date after checking, instead of making assumptions. If the new employer is keen on having you, they could wait for the completion of the notice period. If you find yourself on the wrong end of the assessment, and I believe you are, please learn from it and avoid repeating the same mistakes. Better luck next time.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Sorry, it ended with the withdrawal of the offer. You could have chosen to confirm the joining date after checking, instead of making assumptions. If the new employer is keen on having you, they could wait for the completion of the notice period. If you find yourself on the wrong end of the assessment, and I believe you are, please learn from it and avoid repeating the same mistakes. Better luck next time.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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My son got an offer to join a company, but his present employer was adamant that he should complete a 3-month notice period. The employer was also not willing to agree to a "buyout" of the notice period. The interesting part is that the future employer and the present employer know each other and had a discussion on the matter.
Finally, my son will switch only after completing the full 3 months' notice period to avoid burning bridges with the present employer, as he holds a senior position and reputation at that level matters. It is always advisable to include a notice period buyout clause so that a joining bonus can offset the buyout payment. Additionally, the date of joining can be requested as "will join on ------ or earlier" based on earlier release if that occurs.
Col. Suresh Rathi
From India, Delhi
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Finally, my son will switch only after completing the full 3 months' notice period to avoid burning bridges with the present employer, as he holds a senior position and reputation at that level matters. It is always advisable to include a notice period buyout clause so that a joining bonus can offset the buyout payment. Additionally, the date of joining can be requested as "will join on ------ or earlier" based on earlier release if that occurs.
Col. Suresh Rathi
From India, Delhi
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Ya, it is purely your personal query on grabbing or struggling trial.
Any company frames norms on appointments, resignation acceptance, and removals.
Why do you think the previous company and new company are behaving abnormally? Both are moving on their strict compliance. Nothing wrong. You should wait for new joining until completion of three months.
Suppose the company gives another person in your place without completion of three months. Then you will challenge its extraordinary behavior violation of the three-month norm. So it's right on both companies' views.
The only thing you want is to grab or anxiously shift in an urgent way. One can't catch another bus without properly getting down from the already traveling vehicle.
This is saying that I don't want to discourage your upgrading in your career. You can amicably achieve the wanted approvals with pacifying letters by addressing them coolly. They can relax their rules positively without hurting your future goals. All the best.
From India, Nellore
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Any company frames norms on appointments, resignation acceptance, and removals.
Why do you think the previous company and new company are behaving abnormally? Both are moving on their strict compliance. Nothing wrong. You should wait for new joining until completion of three months.
Suppose the company gives another person in your place without completion of three months. Then you will challenge its extraordinary behavior violation of the three-month norm. So it's right on both companies' views.
The only thing you want is to grab or anxiously shift in an urgent way. One can't catch another bus without properly getting down from the already traveling vehicle.
This is saying that I don't want to discourage your upgrading in your career. You can amicably achieve the wanted approvals with pacifying letters by addressing them coolly. They can relax their rules positively without hurting your future goals. All the best.
From India, Nellore
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