Bharghavi.D
Hr Assistant
Lavika Yadav
Manager-hr
Dikshit.tgs
Human Resources Professional
+2 Others

Thread Started by #aarangara

I am a software engineer working in an IT company.

I have recently resigned from my organization and I have asked my last working day after 27 days from my resignation date.My current organization was 2 months notice period.

The company policy document states that if there is any short fall in the notice period, I need to pay the notice period short fall amount.But that clause in the document doesn't mentioned that the last working day needs to approved by my manager/delivery manager.

Instead they have listed some scenarios that may arise and while explaining one of those scenario they have mentioned that the last working day is the one that will be approved by my manager.

I am ready to buy out my notice period but my manager wants me to serve the entire 2 months notice period. She is not supporting me for buy out.

I have 2 reasons to leave my current job.

First after the above mentioned 27 days notice, I have my marriage so I will be going on leave (before resignation I asked them to approve my 3 weeks leave, but they haven't approved it yet).

Second I have a job offer from other organization which wants me to join early (after my marriage).

The reason that I have quoted in my resignation system of our company is "Personal Reason" -> "Family problem".

When I had a discussion with my manager, I told her that I am going to settle abroad with my family (which is true) after my marriage (this one is also true, but I am not sure of exact date).My parents are settled outside India. And, I am also in the process of applying for my Portuguese citizenship.

So I have told my manager that my Portuguese citizenship work will be done in 40-45 days (which is also 40-45 days from my resignation).After that work is done, I will not be an Indian citizen so I cannot work in the current company any more. (But the true fact is I am also not sure how much time it will take for me to get my Portuguese citizenship, so that's why I will be joining a new company after my marriage).

So she has asked me to write this to her (portuguese nationality and stuff) in an email and send to her.

Now I am very confused and tensed about my future career.

1) Will they leave me as per my requested last working date?

2) Will I face any problem if II don't go after my requested last working day?

3) Shall I have any legal means to get my releiving letter if I don't go to my company and join the other company.

4) Should I send the explanation about my nationality change to my manager in an email? What implications will it have in my experience/relieving letter?

If anyone is ready to help me and need more information I can provide more information.

Please help me with your suggestions as this is my first company (started here and now have 2.5 years of experience) and I am very tensed.
29th November 2014 From India, Pune
Just write a mail that due to some family concern you can not serve anymore.Your resign inititiated date was ../.../2014 and expected date of releiving is ../../2014.Kindly relieve me asap also confirm me about the exact relieving date.
Dont mention visa stuff n all..keep it simple.If you are relieving due to any abc issue and your relieving has been done clearly later on whatever you do or wherever you move company cant interfere.
ye you can get in trouble if you dont go to office after your desired relieving date they can stop their experience letter.So dont waste your 2.5 years experience.
Better discuss with them politely..take them into your confidence that your problem is genuine.I hope they will be agree.
Good Luck !!!
29th November 2014 From India, Mohali
Dear Aarangara,

Just Chill!!!!!!!!!

You need not get tensed for such small issues when you have a happy life and a career in future.

Its purely related to your profession and do not take it personally.

Request one or two more times with your manager and HR and have negotiations.Keep yourself polite and appear calm as Lavika has suggested you. HRs are not demons but of course are human beings and they will surely agree to relieve you.Its better to speak to HR personally and explain your problems instead of making it materialistic. Just have a friendly talk and finish it. You can tell them directly what your "personal problems and family reasons" are.

Yes, of course, they can hold back your relieving process and it would definitely affect your future career if in case, your future company insists on your relieving and experience letter. Your future company may also have a back ground check without your knowledge and if in case, your present HR gives a negative feedback and then..............you are gone. So, don't risk on something bad and donot leave a negative impression to anybody in the organisation while you are leaving.

Think Positive and Be Positive...!!!

Just act accordingly on time and be happy. Dont Worry.

Regards,

Bharghavi
29th November 2014 From India, Bangalore
Dear Friend

As per the details given above, it is understood that you have two months notice period and requested the management to relieve you from services after 27 days working. So the shortfall in your case is only 33 days and the amount for these days could be paid in lieu of unserved period notice as per the terms of your appointment order with a request to HR by stating that you could not work in the company on your personal problems any longer.

Further, you should also request the management to relieve you on getting paid the amount in lieu of unserved notice period as stated above and get relieving letter on the same day itself. You need not tell any thing about your abroad chance to your present employer. If management refuses to accept your resignation as stated above though you are willing to pay them said amount, simply you can leave the services of company by making payment for unserved period of notice by way of DD and send it to your employer by Regd post with acknowledgement due and request them to accept your resignation and issue you relieving letter.

If they further refuse to relieving you and still insists you to work for full notice period, then you need not bother about other issues and leave the services of company after sending the DD etc so that the management could not be in a position to take any legal action against you on the grounds of breach of the terms of an appointment letter and in such a case you need not mention the experience of this company in your resume for future jobs in abroad.

Regards
29th November 2014 From India, Hyderabad
Hi Aarangara,

Just to add to what Lavika and Bhargavi suggested, First, I shall try to help you with some legal stuff. I keep on saying this in every similar thread/discussion. Employment is an agreement made between two parties and an agreement can only be equal on both sides.

I am pretty much sure, your agreement shall say something like this "The notice period for termination of your services is 60 Days by either side and/or salary in lieu of notice period on part of the Employer only", which is not equal on both sides and hence the appointment letter is deemed to be null and void.

Now, coming to the practical ground realities, they may or may not consider your request for notice period buy out. They have the right to do so. However, for genuine reasons (like yours), you may request them on a personal rapport and the same gets accepted.

Now, let me try to answer your questions one by one.

1) Will they leave me as per my requested last working date?

Ans: They may or may not. Depends on the relation you carry with them.

2) Will I face any problem if II don't go after my requested last working day?

Ans: Yes, they can consider you as absconding from services and will update their records the same way. This will affect your background verification and can certainly influence your future opportunities.

3) Shall I have any legal means to get my releiving letter if I don't go to my company and join the other company.

Ans: If you are stubborn (need to look at your future as well. You future employers need a relieving letter and a background verification clearance from the current org you are serving) and willing to take a chance, yes, you can get your relieving letter (Since the formal agreement itself is not valid, the court at its discretion will direct the org to relieve you).

4) Should I send the explanation about my nationality change to my manager in an email? What implications will it have in my experience/relieving letter?

Ans: Your Relieving letter and the official records of the org say, "relieved on personal grounds (considering marriage as a reason)" or may mention your actual reason "future prospects (since you are about to leave India)".

In any case, you have the best possibilities of getting a formal relieving letter from your employer.

Have more questions? you may contact me @ +91 7658 919 765
29th November 2014 From India, Hyderabad
LEAVING & RELIEVING – NOTICE PERIOD

===================================

With the growth of many industries and better prospects for experienced persons specially IT/BTs, Leaving & Relieving is becoming an unpleasant & embarrassing issue for employees & HR Heads in some Cos. There is HR Heads both in Recruiting Cos. As well as Relieving Cos. formulating above Policies but still there is no uniform & fair Rules & it becomes arbitrary leading to unpleasantness.

Sometimes, Company Fires/Terminates an employee within no time; but when a person leaves, relieving is made an issue for want of clear & uniform Rules. Today; every qualified person works for better prospects including the TOP/ HODs will be searching for green pastures. The reason for change of heart in many cases is the disparity in pay scales. Nobody is indispensable. When one person leaves, there are 10 others ready to join. Proper, Reasonable & Uniform Rule must be framed to make the above process friendly instead of arbitrary & litigation. In most Cos., it is the HR Head for Recruiting as well as for Relieving and he becomes the target for arbitrariness. One Co.HR Head forcing an Employee to join next day & another Co. HR Head insisting an Employee to work for 3 months leads to un-civilised practice & it is unfair.

The HR Heads can make a uniform & reasonable Notice period for Relieving as under:

All Employees upto Asst./Dy.Manager .. 1 Month Notice period - (to serve)

Dy.Manager/Manager & above .. 2 Months Notice period ..(Unless there is compelling reason to warrant reduction or extension of serving Period

Similarly, the Joining period for employees can be fixed corresponding to Relieving as above.

Management can fix reasonable period based on type of industry, operation requirements etc., seek Labour Commr’s approval for the same, exhibit on Notice Board, incorporate in the Apptt.Orders, Standing Orders & Service Rules, tobe circulated for the infn. and compliance by all employees.

If the HR Heads of the Companies implement above Policies for Joining as well as Relieving, the heartburning can be reduced.

Request CiteHR members comments on the above for general guidance of all HR Managers & HR Heads.

c.neyimkhan 30.11.14.
30th November 2014 From India, Bangalore
Dear Neyim Khan,
I suppose the present FORMAL & STANDARD Corporate Business organisations are already into this. I'm not sure whether they are taking approvals from the Labour department or not but unto my knowledge the notice period varies from levels to levels in all organisations as mentioned by you. Of course, mentioning 3 months notice period for the lower most levels is an unfair practice.
Moreover, considering the joining date is in the hands of the prospective employee for a joining company. The employee can decline the offer when the company compels to join before he completes the notice period in the present company because he has already signed the agreement with the present company.
The employee has to take care of these issues himself because he has his kerchief safely placed in one of the seats. It should be his sole discretion whether to take risk or not.
Regards,
Bharghavi D
1st December 2014 From India, Bangalore
Thank you all for your quick responses.

I am very happy when I saw these many responses from you people and it made me feel better. I really appreciate you efforts.

But unfortunately, I had meet one of the senior HR member of my organization explaining all my stuff.

Instead of little positiveness, he did not support any of my points.

He even went to the extent of saying that company does not have buy-out policy. There is no such policy (I was shocked). He explained me they have "Shortfall amount in notice period" and not buy-out. He said buy-out is in employee's hand and short fall is in employer's hand. So in my case if my organization decides to relieve me early, then only the question of shortfall amount clause can be considered.

I asked what if I quit, he simply said you will be considered absconding.

I have lost all the hope in this organization and its people specially my manager, DM, HR.

I guess it's better for me to now forget that offer and look for new offers after my marriage. That offer was very good for me both from professional and personal point of view keeping in my mind my career, my family, etc.

I again heartily thank you all for your support and answers.
1st December 2014 From India, Pune
Dear Aarangara,
Think before you act. I can understand the pain at your end. However, you might end up losing both the offers.
If at all, you are planning to abscond (though, I do not suggest), don't you think your prospective employer gave you an offer based on the experience you've put on your profile? Don't you think, whatever the 'X' package offered was based on the current ATC you are drawing? How can you prove them you were ever employed with your current org?
1st December 2014 From India, Hyderabad
SUB: LEAVING & RELIEVING – NOTICE PERIOD

Few more points on the above subject which could not be included Yesterday; is appended below:

Before that, I thank Learned Shri Bhargavi & TGS Diskhit for sharing their knowledge on the vexed issue.

The reasons for many leaving & joining New Cos. at short notice is due to wide disparity of salaries. It becomes a choice for the employee to quit & join new Co. whereas; for the employer; he may offer a better package to retain him.

Employees mobility has increased not only due to salary but also other things like better position, better work/Dept, new Co., new environment, new Boss & expecting recognition which may be lacking in previous Co. The issue is very ticklish for the employee as well as employer when there are no specific Policies on Resignation, Notice Period & Relieving.

1. Some Cos. Stipulates a Minimum service say; 2 years before which if an employee resigns, he should give Notice period of one more month in addition to the Notice period already mentioned for the particular category above:

2. HR Dept. should issue OFFER LETTER/APPTT.ADVICE LETTER upon Selection of the person incorporating the essential points like Post, Dept., Location, Salary, Duty Joining Date, Notice period, Minimum service condition etc., so that the prospective candidate is forewarned of the important T&C of his Employment & decide whether to resign the existing job & join new Co. to reduce all future blames for himself & HR Dept.

Where a Co. has spent heavily on Training like Foreign Training under Bond or where there is Enquiry pending against employee, Relieving can be considered as per decided cases by Courts.

Request seniors HR Members to throw more light on the issue for the guidance of HR Managers as also for the employees.

Thanks.

01.12.2014
1st December 2014 From India, Bangalore
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