I have recently joined my current org and served for 20 working days (of which 10 days were initial org process and project training and setup). Few days ago I received an offer from another org that wants me to join immediately (by coming Monday) and is ready to pay the buyout of my current org (based on 2 months notice period) in full along with current month's salary and joining bonus only if I am able to join them by Monday. Yesterday (Thursday), I had placed a formal request for resignation and my wish for and "immediate release" (as there is no dependency on me yet) along with the offer of buying out the remaining part of my notice period after deducting my salary which is due in my current org.
But today my current org's manager and told me he can only reduce the notice period till 1 month (starting from yesterday) and the rest is up to the HRs of current org. to settle. I tried to get them to a meeting today but they did not turn up. Earlier today, a similar statement was given by the division's director saying that a release by "Monday is impossible" and that he doesn't believes notice period buyout is an option.
Below are the words from the offer/agreement I have signed with them regarding the termination:
"Either Party shall have the option of terminating the employment by providing the other
Party with sixty (60) days written notice or sixty (60) days’ salary (including all allowances)
in lieu of such notice.
The Company retains the right to terminate this Agreement for cause and without any
obligation to pay sixty (60) days’ salary if the Employee.... (Section for termination based
various illegal and unauthorised practices)"
There is no separate bond.
I want to join the new org now ASAP based on the following reasons:
1. Project seems interesting.
2. Pay is increased significantly.
3. Now, that lot of things have been said and done in my current org (with my Manager and Director) and I feel it will not be the same if I stayed back.
Also, I don't want any relieving letter or salary from my current organisation and I am pretty okay if they still want the two months notice period buyout in full.
But there is a catch from the new org's side as well after having more than a day's discussion to and fro the new org's HR is still not very keen on extending the whole process from Monday onwards stating that they have made a lot of adjustments and the payroll has to be adjusted accordingly in the system. So consider that extending the joining date is not an option.
Based on the above criterions I have the following queries:
1. Considering that I am fairly new to the organisation, I haven't taken a single dime from my current org, I am ready for a buyout and I now really want to join the new org. what are the options left for me? Although I am very much inclined to do the right thing with my current org but I also dont want to miss out the new org and avoid any issues with the LAW.
2. Is it okay for the organisation to hold me back for 1 more month when practically my contribution is not much (I do understand that they have put a lot of efforts in on-boarding and waiting for me, but the I do feel similar efforts were put by me too and they should respect my decision)
3. Is absconding my current org a choice, although I am pushing them (Manager and HRs of current org) to close this while helping out with anything that I can (mostly buyout). I think they are deliberately pushing things beyond Monday. I can understand its hugely convenient for them but I am also in a pickle here and I have communicated to them asked them to help me with the same thinking objectively.
4. What should I propose to the HRs for the best foot forward in both best case and worst case scenarios?
From India, Kalyan
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But today my current org's manager and told me he can only reduce the notice period till 1 month (starting from yesterday) and the rest is up to the HRs of current org. to settle. I tried to get them to a meeting today but they did not turn up. Earlier today, a similar statement was given by the division's director saying that a release by "Monday is impossible" and that he doesn't believes notice period buyout is an option.
Below are the words from the offer/agreement I have signed with them regarding the termination:
"Either Party shall have the option of terminating the employment by providing the other
Party with sixty (60) days written notice or sixty (60) days’ salary (including all allowances)
in lieu of such notice.
The Company retains the right to terminate this Agreement for cause and without any
obligation to pay sixty (60) days’ salary if the Employee.... (Section for termination based
various illegal and unauthorised practices)"
There is no separate bond.
I want to join the new org now ASAP based on the following reasons:
1. Project seems interesting.
2. Pay is increased significantly.
3. Now, that lot of things have been said and done in my current org (with my Manager and Director) and I feel it will not be the same if I stayed back.
Also, I don't want any relieving letter or salary from my current organisation and I am pretty okay if they still want the two months notice period buyout in full.
But there is a catch from the new org's side as well after having more than a day's discussion to and fro the new org's HR is still not very keen on extending the whole process from Monday onwards stating that they have made a lot of adjustments and the payroll has to be adjusted accordingly in the system. So consider that extending the joining date is not an option.
Based on the above criterions I have the following queries:
1. Considering that I am fairly new to the organisation, I haven't taken a single dime from my current org, I am ready for a buyout and I now really want to join the new org. what are the options left for me? Although I am very much inclined to do the right thing with my current org but I also dont want to miss out the new org and avoid any issues with the LAW.
2. Is it okay for the organisation to hold me back for 1 more month when practically my contribution is not much (I do understand that they have put a lot of efforts in on-boarding and waiting for me, but the I do feel similar efforts were put by me too and they should respect my decision)
3. Is absconding my current org a choice, although I am pushing them (Manager and HRs of current org) to close this while helping out with anything that I can (mostly buyout). I think they are deliberately pushing things beyond Monday. I can understand its hugely convenient for them but I am also in a pickle here and I have communicated to them asked them to help me with the same thinking objectively.
4. What should I propose to the HRs for the best foot forward in both best case and worst case scenarios?
From India, Kalyan
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Based on your situation and the specifics of the agreement you've signed with your current organization, here are the possible options:
1. Notice Period Buyout: As per the terms stated in your agreement, you have a right to terminate your employment by providing a 60 days' notice or 60 days' salary in lieu of such notice. This essentially means a notice period buyout is an option, contrary to what your director believes. You can politely insist on this clause and request your HR department to consider this option. In case they still refuse, you may consider seeking legal advice.
2. Negotiation: You might want to negotiate with your current organization to reduce the notice period further. You could express your willingness to help with any transition tasks, such as training a replacement or documenting your work, to ease the transition.
3. Absconding: Absconding is generally not advised as it could lead to legal consequences and a bad reputation in the industry. You are bound by the terms of your contract until it's legally terminated.
In terms of your specific questions:
1. Options Left: The most ethical and lawful way to handle this would be to reiterate your willingness to buy out the notice period as per the contract. If they refuse, you might want to consult with a legal professional.
2. Holding Back: While it's understandable that the organization has invested in your onboarding, the terms of your contract allow for termination with a 60 days' notice or payment. Holding you back beyond this could potentially be a breach of contract. However, the final decision in such cases often rests with the organization.
3. Absconding: As mentioned earlier, absconding is not advisable. This could potentially land you in legal trouble and damage your professional reputation.
4. Proposal to HR: In the best-case scenario, propose a meeting with your HR, explaining your situation and your willingness to buy out the notice period. In the worst-case scenario, if they still refuse and you really want to join the new organization, you might want to consider seeking legal advice.
Remember, it's always best to part ways amicably with your current employer, keeping in mind future references and the small world of professional networking. Good luck! 🕊️
From India, Gurugram
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261. Notice Period Buyout: As per the terms stated in your agreement, you have a right to terminate your employment by providing a 60 days' notice or 60 days' salary in lieu of such notice. This essentially means a notice period buyout is an option, contrary to what your director believes. You can politely insist on this clause and request your HR department to consider this option. In case they still refuse, you may consider seeking legal advice.
2. Negotiation: You might want to negotiate with your current organization to reduce the notice period further. You could express your willingness to help with any transition tasks, such as training a replacement or documenting your work, to ease the transition.
3. Absconding: Absconding is generally not advised as it could lead to legal consequences and a bad reputation in the industry. You are bound by the terms of your contract until it's legally terminated.
In terms of your specific questions:
1. Options Left: The most ethical and lawful way to handle this would be to reiterate your willingness to buy out the notice period as per the contract. If they refuse, you might want to consult with a legal professional.
2. Holding Back: While it's understandable that the organization has invested in your onboarding, the terms of your contract allow for termination with a 60 days' notice or payment. Holding you back beyond this could potentially be a breach of contract. However, the final decision in such cases often rests with the organization.
3. Absconding: As mentioned earlier, absconding is not advisable. This could potentially land you in legal trouble and damage your professional reputation.
4. Proposal to HR: In the best-case scenario, propose a meeting with your HR, explaining your situation and your willingness to buy out the notice period. In the worst-case scenario, if they still refuse and you really want to join the new organization, you might want to consider seeking legal advice.
Remember, it's always best to part ways amicably with your current employer, keeping in mind future references and the small world of professional networking. Good luck! 🕊️
From India, Gurugram
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