Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Harshavardhan1984
Assistant Manager
+1 Other

Thread Started by #Anonymous

Dear All,

I am currently working in the grade of Asst Manager at a Pvt Banking company. I recently got a better offer from a non banking company and they insist on quick joining. I have already submitted by resignation at my current company and also requested for a Notice Period waiver. My notice period at the current company is 90 days and I have communicated to the authorities over the mail that I am ready to serve 50 days of NP and I need waiver for the rest of 40 days. I also told them that I am ready to pay good the lose. But the authorities have not considered it. At the same time my new employer wants me to join asap and they are ready to absorb me without any relieving order or experience certificate. If I fail to join the new company on time, they will withdraw the offer since they are too needy. Please advise me on what to do in such a situation. I dont want to lose the new offer, and also at the same time I would like to be relieved from my existing company in a polite way. Please give your suggestions.

Thanks in Advance
19th October 2015 From India, Kochi
hii
you said in your words they are ready to absorb with out relieving and experience letter.it is good for you and you do one thing first you submit your resignation letter in written words and also by email to your officials.and clearly mention i.e with so and so reasons i am decided to resign my present job and i will serve notice period of 50 days .after completion of my notice period pls handover my experience and relieving letter.if they will not do this thing you may join another company by showing this letter.
with this action existing company will not have to take legal actions.
20th October 2015 From India, Hyderabad
Dear friend,
The principle behind notice in the matter of sudden termination of employment caused by either the employer or the employee in the contract of employment is only to give an opportunity to the other side to make alternative arrangements in respect of the void created by such an unilateral action. The insertion of an alternative clause facilitating payment of certain amount for the notice period by the one initiating the process of termination to the other in lieu of notice is not only to deter the tendency for a sudden termination but also to expedite it based on the urgency of the situation. So, unless and otherwise the exhaustion of the notice period is essential and inevitable purely based on special and urgent organizational requirements, the employer can not simply sleep over the request of the employee for waiver based on expediency. I would,therefore, second the suggestion of Santosh.
20th October 2015 From India, Salem
You have not stated, what is the response of the company on your resignation notice. So, your query is quite vague to ask for suggestions without having faced any real problem based on the response by the company. So, it is just like wandering aimlessly in a jungle without knowing destination point to reach.
20th October 2015 From India, Delhi
Dear Sir,
I resigned from company after completion of 2 years service. I never received my confirmation in writing or otherwise. In the mean time I received another job offer and I resigned with 10 days notice period. As per appointment letter I need to serve 30 days notice period before confirmation & 90 days after confirmation. I was willing to adjust my earned leave (i.e. 54 days) against my balance notice period of 20 days. But to my surprise the company issued me recovery letter on the plea that I was confirmed employee with them (never informed me before).
The company is not responding to my repeated queries and not sending my reliving & experience letter and my balance full & final amount.
Kindly suggest what should I do.
Thanks & regards
20th October 2015 From India, Shimla
If the company is not responding to your repeated queries and not sending your reliving & experience letter and balance of full & final amount, serve them with a lawyer's notice. Of course, the company can insist upon the need of your paying first the due salary in lieu of deficieny of notice period before you claim f&f.
21st October 2015 From India, Delhi
#Anonymous
Dear Friends,
Thanks everyone for your kind reply. One of them stated that I have not mentioned what my company's response is. My company is in a stand that they can not approve the request for the reason that it's against organisational policy. But contrary to that, one of my friends who resigned couple of months ago was allowed to relieve in a month time. But they are now in a stand that waiver can only be approved in extreme conditions like medical exigencies.
My main worry is that, if I am leaving without their consent, it will be considered as absconding of services. Though it may not affect me when I move to the company I just got an offer from, I am afraid it may affect in my future jumps. My present employer will not give the experience certificate so that my hard work in my present organisation will go unnoticed and unacknowledged.
Expecting more of your valuable suggestions.
Regards
21st October 2015 From India, Kochi
Dear Arvind, Can you pl post a copy of the notice condition stipulated in your appointment orders or Company Staff Regulations?
21st October 2015 From India, Salem
#Anonymous
Dear Sir,
"Waiver of the notice period, if any, will be at the discretion of the Reporting
Authority/Business Head. In such an event, the basic salary equivalent of the notice period
shortfall, if any, after adjusting with PL, SPL(if available) will be recovered from employee."
Regards
21st October 2015 From India, Kochi
Dear friend,
I think that what is extracted above is the portion of the notice clause empowering the management to exercise its discretion in the matter of waiver of notice period. That's o.k; my question is whether there is any specific clause enabling the employee to pay the required sums of money in lieu of notice in case of impossibilibity of serving the notice period.
21st October 2015 From India, Salem
#Anonymous
Dear Sir,
There is no such clause which enables the employee to pay the sum of money at the employees' discretion. Waiver if any can only be exercised by getting approval from authorities. In my case, my immediate reporting manager is comfortable relieving me on time. But his superiors are not in favor of it.
Also note that Notice Period waivers had been approved for many times for many employees over last few months. Local HR officials are saying that organisation has stopped giving waivers since last month, which sounded not convincing to me.
Regards
21st October 2015 From India, Kochi
Dear friend,
In career life at times one should be bold enough to take a decision befiting the present situation rather than being indecisive anticipating some occasional blips in the future. You should not forget the fact that you want to leave the present organization just because of the presence of a better avenue and your present organization tries to block it because you are an efficient employee to be retained. That's why the normal and ubiquitous practice of waiver of exit notice is made so much complicated. When the reason shown by you for waiver is genuine and you are prepared to abide by the compensation part of the condition your present employer can not do anything against you that will spoil your future. Just remit the entire amount due and simply walk away and join the new job. Simultaneously send a legal notice also as suggested by Mr.Dhingra.
21st October 2015 From India, Salem
Dear Sir
I am on notice period as per company policy my notice period is 60 Days I have given them 37 Days I would like to adjust my privilege leave for notice period but my organization saying that they don't have their HR policy to claim any leave in notice period & asking me to buy 23 days please suggest is there any legal law where we can fight to company for claiming leave in notice period
9th January 2017 From India, Pune
Dear Sir
I am on notice period as per company policy my notice period is 60 Days I have given them 37 Days I would like to adjust my privilege leave for notice period but my organization saying that they don't have their HR policy to claim any leave in notice period & asking me to buy 23 days please suggest is there any legal law where we can fight to company for claiming leave in notice period
9th January 2017 From India, Pune
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