Psdhingra
Legal Analyst, Hrm
Kumaran Praveen
Hr-trainee
Soniyasureja
H.r Generalist
Simplysonu7288
Network Engineer
Tanishak
Software Developer

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Hi every one i am new to this site , right now i am in big confusion my query is " i have total 2.3 year of IT experience and i have been working with my current company for last 7 month and this company they have 60 days notice period , recently i have got an opportunity with an company but they are asking immediate joining and i have completed around 40 days notice period over here but the issue is that they are not relieving me before 60 day so if i left this company without relieving letter will it create any trouble in future?? any help will be appreciate " thanks.
Hi Tanishak,
First of all if possible talk to HR and complete the notice period if possible since your new HR will ask you to submit scanned copy of relieving letter from previous employer because its a part of joining formalities.
If not possible then you can request your new HR to accept salary slips and appointment letter of previous employer as a proof.
To sum it up now all depends on the policy of the company
In future please do not repeat such mistakes.
Regards,
SimplySonu

Hi SIMPLYSONU7288 thanks for your valuable advice , my new hr is ok with current company salary slips and acceptance letter my confusion is it create any problem in future like in some back ground verification. ???
HI Mr.Tanishak,
If your currently employer insisted you have to serve the remaining notice period than you can say that you are willing to pay for the remaining notice period in lieu of serving the notice period which will be allowable under the law and same way it won't affect you as well as your employer. Hence, you write a letter to the Head HR- In that convey your position and also inform your willingness to PAY for the remaining notice period in lieu of serving the same.
With Regards
Mr.Thumbs Up

Hello KUMARAN PRAVEEN , thanks for the valuable advice , i have insisted to my HR to PAY for the remaining notice period in lieu of serving the same but they are still forcing me to stay for 60 days ....what should i do ????
Hello Tanishak
Actually the HR cannot force you to serve the Notice period when you have agreed to pay for remaining notice period. And he is liable to give you Service certificate if he is dening legal action can be taken against the organization.
When your new employer is asking you to join immediately you can also recover the notice period amount from the new employer

Mr. Tanishak,
If there is no provision in the offer/ appointment letter to buy out the period short of notice period, you will have to abide by the 60 days notice period. So far as trouble on leaving the company without relieving letter is concerned, you can expect your career to be spoiled on account of dual employment for taking up another employment without formal relief by the present employer. You can face at least termination from employment, if not any stringent action on account of your misconduct for unauthorised absence from duty. That incident can also affect your future employment prospects.

HI Mr.Tanishak,
As Mr.Vijay kumar said Your employer cannot force you to serve the notice period however you have to find out why your employer not reliving you early this will help you to find solution. For Example: They may not get any person to replace you in account of this HR ask employee to serve the notice period. Hence, I suggest you to find out the reason so that we can find solution to this issue.
With Regards
Mr.Thumbs Up

Hello Mr dingra, thanks for the valuable info I like to share the exact Claus in my offer letter"You may terminate your service at any time by giving 60 days notice period or basic salary in lie theof (60 days notice will apply during probation and post service confirmation).the notice salary in lieu of notice period would depends on work status assigned to you with other contingency with the decision description on hr, reporting manager".
Please help me .

Hi Tanishak,
If you have conveyed your situation to both the HR and abiding by the rules in your current company it will not affect your Future. For that you should follow the rules and regulations.
As per the law of your current company in order to get yourself relieved you can either complete your remaining days of notice period or pay for the same. They cannot force you for anything when you are following the rules.
Also Talk to the HR of the company you are going to join. As they are asking you to join immediately inform them about your company rules & regulations of notice period and in the case of getting relived early you may receive wrong feedback from your current employer or any it may just spoil your image unnecessary.
Never spoil your relation with HR or Employer it may affect in Long run. Follow the rules, make yourself clear and document it either by mail or written. Your Future is Saved.
Regards
Soniya


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