Hi all,
I have joined a company 3 months ago, and due to some issues, I have decided to leave. I have received an offer from my previous company, and I have just resigned from my current company, requesting to be released in 1 month. However, my HR, L1, and L2 are not accepting this and are asking me to serve the complete notice period. Unfortunately, my new company is not willing to wait for 2 months.
I am currently serving a 60-day notice period, but I would like to be relieved earlier by 1 month, serving a 32-day notice instead. I am willing to pay the notice period amount, but my employer is not agreeing to this.
The terms and conditions in the offer letter state:
Notice Period: Notwithstanding anything contained herein, the Company, in its sole discretion, may terminate your employment without cause by giving 60 days' notice in writing or payment of pro rata 60 days Basic Salary, in lieu thereof. Likewise, you may resign from employment without cause by giving 60 days' notice in writing or by payment of pro rata 60 days Basic Salary, in lieu thereof. In the event of your resignation, the Company, in its sole discretion, will have the option to accept the resignation and relieve you prior to the completion of the stipulated notice period of 60 days, without any pay in lieu of the notice period.
So, in this case, if the employer is not willing to release me before 60 days and is also not accepting the notice period amount, what should I do?
I need to join my new company in 1 month.
From India, Hyderabad
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I have joined a company 3 months ago, and due to some issues, I have decided to leave. I have received an offer from my previous company, and I have just resigned from my current company, requesting to be released in 1 month. However, my HR, L1, and L2 are not accepting this and are asking me to serve the complete notice period. Unfortunately, my new company is not willing to wait for 2 months.
I am currently serving a 60-day notice period, but I would like to be relieved earlier by 1 month, serving a 32-day notice instead. I am willing to pay the notice period amount, but my employer is not agreeing to this.
The terms and conditions in the offer letter state:
Notice Period: Notwithstanding anything contained herein, the Company, in its sole discretion, may terminate your employment without cause by giving 60 days' notice in writing or payment of pro rata 60 days Basic Salary, in lieu thereof. Likewise, you may resign from employment without cause by giving 60 days' notice in writing or by payment of pro rata 60 days Basic Salary, in lieu thereof. In the event of your resignation, the Company, in its sole discretion, will have the option to accept the resignation and relieve you prior to the completion of the stipulated notice period of 60 days, without any pay in lieu of the notice period.
So, in this case, if the employer is not willing to release me before 60 days and is also not accepting the notice period amount, what should I do?
I need to join my new company in 1 month.
From India, Hyderabad
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Hi,
My observation is you shouldn't have committed to a one-month notice with the new employer when you know well that the notice period is 60 days. These are common terms.
Also, any employer recruits a candidate with the hope of establishing a long-term relationship, whereas you decided to quit within 90 days. While resignation is your choice, whether to accept partial notice as money or not is the employer's decision.
Please be patient and try negotiating with your current employer. If it doesn't work out, complete the notice period and be properly relieved.
From India, Madras
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1153My observation is you shouldn't have committed to a one-month notice with the new employer when you know well that the notice period is 60 days. These are common terms.
Also, any employer recruits a candidate with the hope of establishing a long-term relationship, whereas you decided to quit within 90 days. While resignation is your choice, whether to accept partial notice as money or not is the employer's decision.
Please be patient and try negotiating with your current employer. If it doesn't work out, complete the notice period and be properly relieved.
From India, Madras
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx