First of all, congratulations on getting your dream job offer. Wish you a successful career ahead.. Talking about career, it is equally important to retain good relationship with the organisation you are leaving and for that my suggestion is to talk to your manager or HR for mutual consent on the notice period waive off/ deduction of salary in lieu of notice period.
Only with mutual consent, early relieving could be possible. Further, you can request your HR to adjust your unpaid leaves to the notice period and just in case the notice period is different during probation (which does not seem to be clear in the probation or notice period clause)- that might surely help in your favour.
25th January 2016 From India, Mumbai
I will come straight to the point.
1) In case you have not received any confirmation and have acknowledged it as well with your signature, you are still on probation. This means your notice period will be applicable as in probation.
2) Your notice period clause says that you may get the notice waived off/ notice adjustment with Manager's approval. You may approach your Line Manager and have a direct discussion regarding how your new job is important for your career enhancement. If agreed, your manager will approve your resignation and waive off your notice. HR will not conflict this approved resignation.
3) Even in case your manager does not waive off your notice, you may request him to at least allow you to adjust it against your paid leave. If done, HR will have to adjust your leave in the notice period.
4) In case of leave adjustment, if your notice is covered completely, you may simply request for your relieving letter as per your company policy. In case of any recovery amount, you may pay the balance as a part of your F&F settlement. The clause directly says: Shortfall in notice period from the employee's side would be recovered from the employee
5) Please remember, company HR can't force any employee to stick to the company- no matter what. In case the employee can't stick for some valid reason, he/she may pay the recovery amount, that needs to be accepted by the company's HR & Finance department.
Hope i could answer your query.
27th January 2016 From India, Delhi
28th January 2016 From India, Pune
In case the confirmation letter has been given and acknowledged as well, the notice period of 3 months will be valid, no matter it was not mentioned in the appointment letter. This is because, the terms and conditions of Appointment/ offer letter are subjected to change with the change in company's policies or as mentioned in the addendum.
You could have raised the concern on notice period before acknowledging the confirmation copy. Once agreed from your end, you may not be able to challenge it, but either serve the notice, or adjust it with your earn leave and pay the recovery amount due. You will be relieved once there is no due from your end.
28th January 2016 From India, Delhi
I also want to know that I had completed 4 years and 250 days in organization and as per Supreme Court's decision I am eligible to get gratuity amount that I want to adjust towards Notice Period along with Leave Encashment for which the employer is not agreeing. The employer told that you should have completed 5 years to get entitled for the claim. Please suggest an option.
29th January 2016 From India, Pune