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Jkapoor
Asst. Manager

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I work with a leading company in India with over 10 yrs of experience and as an Asst. Manager. Presently, I am not in a project and no dependency. Received an offer from another big MNC and agreed to join. I sent my resignation asking my super boss to waive off 40 days notice and let me serve only 50 days. But he is not accepting citing several reasons. He is not ready to waive off although I want to pay the notice period. I am helpless and feeling that my career is gone.
Please help - suggest me what should I do?

Greetings,
Please send a registered letter to your HR, requesting for a notice period buy-out. Often, discussions don't yield the result which a written document can.
State the last date of working , within which all the knowledge transfer need to be done. Prepare your own KT Documents so that you are good to negotiate.
Keep your future employer informed about the communication. State clearly in the letter that you will not be available after your declared 'Last Working Date.'
In case you have a clue to how much it would account to, keep the cheque with the buy-out amount ready.
Offer all your support for transition and remain just . Its going to be frictional, but you are sure to find your exit.
Wish you all the best!

Hi (Cite Contribution),
Thank you for your reply. Mine is a strange case. I have done the KT long time ago and basically not having any work. Considering these situations, I did tell my future employer that I can join them in 50 days. I was confident management will waive off notice period because they have done so in the past that too for senior management positions. Don't know why they asked me to serve the entire notice period even though I am ready to pay off. Awkwardly enough, HR has no control on this.
I am in a fix here. My future employer is not ready to extend the notice period, and my present employer reducing them. Not sure which way will it go.

Greetings,
Your case is extremely clear. Send the registered letter to HR and inform your future employer, that this needs to considered as an exit document.
Include the sentence , "No-written intimation within 3 days would be regarded as acceptance".
Its your right to find an exit from your existing employer. Mention that your last date of working remains non-negotiable, under every circumstances.
If you want , share the letter with us, so that we can help you draft it.
There is no way they can stop you, other than harassing you with the exit documents.
As you have already informed, your future employer knows about it. Negotiate on the documents submission.
Mostly they consider. Wish you all the best!

Greetings JKapoor,

Can you share the reason for sending the resignation to your super boss, circumventing your boss (if he exists).

In my opinion when you want to join an employer, you accept the terms and conditions stated by the employer. What does your notice period clause state.

Even assuming your notice period gives room for either parties to part off by paying notice pay, it is advisable to shake hands peacefully rather than going by the rule book.

You will appreciate notice period it the duration required by the employer to look for an alternate employee in your place.You have stated that you have no work. Hence, I would recommend that you speak to your current employer and convince him about this. Showing disinterest, shirking work responsibilities, clock watching tendency, are some behaviours exhibited by employees as soon they put up their resignation. But they fail to recognise that the organisation has paid for work done and also when they did not have enough work.

Also speak to your prospective employer and seek time. I am sure that if you are the best candidate he will wait for you and appreciate your view point.

Speak, Convince, Request, offer to look for a replacement for you andseek an early relieving and you can be assured that it will yield results.

Regards

Thanks (Cite Contribution),
I have requested, pleaded and prayed to release me at the earliest. But they are not ready to give even a day waive off. We have an online application for the resignation, hence, no registered mail. Also, its a large company and sending registered letter doesn't help. I have some email communications which can be documented. Now, even HR is saying that the operations management is right and they can not help. Not sure why do companies spend money on hiring HR people when actually they do nothing. I have informed everything with my future employer (which is also a leading MNC) and hope they would consider my plea. I can't believe that one of India's well known company can play with the career of their employees like this.

Mr Kannan,

Here are the answers for your queries:

Can you share the reason for sending the resignation to your super boss, circumventing your boss (if he exists).

My boss has no power to approve the notice period waiver. Not sure why is there, may be just to take salary.

In my opinion when you want to join an employer, you accept the terms and conditions stated by the employer. What does your notice period clause state. In offer letter, it states that the notice period is negotiable on the discretion of management. In the recent past, they did waive off the notice period of few people.

Even assuming your notice period gives room for either parties to part off by paying notice pay, it is advisable to shake hands peacefully rather than going by the rule book.

I am trying to do this, and planning to sue my super boss and the company for mental torture and harassment after receiving the relieving letter and FNF. I was subjected to torture to the max by the management and HR. But so far I have been friendly with them.

You will appreciate notice period it the duration required by the employer to look for an alternate employee in your place.You have stated that you have no work. Hence, I would recommend that you speak to your current employer and convince him about this. Showing disinterest, shirking work responsibilities, clock watching tendency, are some behaviours exhibited by employees as soon they put up their resignation. But they fail to recognise that the organisation has paid for work done and also when they did not have enough work.

I hate to show these tendencies at workplace. This is the reason I asked for early release so that the company doesn't pay me salary and the bonus as well as leave encashment. I have literally no work. Can't help if the company management has failed to understand this.

Also speak to your prospective employer and seek time. I am sure that if you are the best candidate he will wait for you and appreciate your view point.

I told them the entire situation and they said they would try their best. Hopefully they will wait because they also have 3 months notice period for management level positions. They have a training scheduled and my late joining will force them to change the plan.

Speak, Convince, Request, offer to look for a replacement for you andseek an early relieving and you can be assured that it will yield results.

Trying to do that. let's c.

attribution https://www.citehr.com/484230-urgent...#ixzz2tSCe24xT

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