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

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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
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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.
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.
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.
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
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.
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
Dear Arvind, Can you pl post a copy of the notice condition stipulated in your appointment orders or Company Staff Regulations?
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
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.
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