Dinesh Divekar
Business Mentor, Consultant And Trainer
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Business Head
Allan Fernandes
Vp - Quikchex Hr And Payroll Software And
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Project Direction
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I am working for an organisation for last 5 years. Have worked with dedication and was also been awarded and appreciated for that. Recently company was been facing with the problem of retention as there is no growth prospect and every year a change in policy with regards to incentives and pay. So to tackle that they decided to increase the notice period from 1 month to 3 months. To get the approval of employees they stoped paying incentives for few months. Then all of sudden they declared incentive and designation promotion. On the letter head of the company they added both the things along with a clause of 3 months notice period.

Lot of emplyees in our organisation, also me, are leaving salary to salary life, so we had to signed the paper as the incentive amount was a requirment. The letter had clarrification that the 1months notice will be accepted only at the discretion of the Line manager.

Now HR is saying if i have to leave the organisation then i have to give the full notice period or pay the organisation the remaining period full salary. Other companies are not ready to wait for 3 months and also are not ready to hire without relieving Letter. When i tried to negotiate with current company they asked me 70000 as buymy notice period for 2 months even 30000 is tomuch. I cannot afford such a big amount as a buyback nor the other companies are ready to pay such a big amount as a buyback. I feel like i am cheated and now getting desperate as I am stuck with this company and they playin my career.

Kindly advice if my current company can take any legal action on me or new organisation. Also whether they can stop my relieving letter and experience letter.

From India, Mumbai
Dear A Sawant,

On reading your post, it appears that you are confused because you have clubbed unrelated issues to the separation from the company. Please unlink the following issues from your resignation:

a) Quality of your work

b) Attrition rate in your company

c) Quantum of incentive or non-payment of incentive

Employer-employee relationship hinges on the terms and conditions of employment that employer designs. When you had joined the company, the terms and conditions were different. In the recent past, these were changed and you were communicated this change (increase in the notice period). You have accepted this change. Therefore, there is no room for blaming the employer at this stage.

Now you have four options. These are as below:

First one is to pay for the notice period. You say that your financial conditions do not allow this option.

The second option is to bargain with the future company to extend the date of joining. Use your negotiations skills for this. In this option, you will be able to reduce your notice period pay.

The third option is to approach the future company and tell them to provide the "joining bonus". This joining bonus is nothing but amount equivalent to the payment of notice period. This may sound impossible but then when employers are in dire need to some person with very specialised skill set, they resort to this type of payment. These things happen in IT industry, Hotel industry etc. I do not know what type of your industry is.

The last option is to forego the job opportunity at hand and wait for the fresh one. Next time when you get any job opportunity, tell them clearly about your notice period requirement.

Which option to follow that choice is yours. Nevertheless, it is important for you to have smooth exit from the company. After spending more than five years, it is not worthwhile to have separation by creating bad blood. It is not just separation but then what you need is proper relieving letter. Gentleman, please note that Indian employers will have always whip hand. To some extent they will try to arm-twist the employees. Accept this as fait accompli and move on!

All the best!

Dinesh Divekar

From India, Bangalore
how promising Arrow infocom pvt ltd in inbound voice projects and non voice projects regarding payments to venders ????
From India, Bengaluru
I agree with Dinesh. However, there is another option. You can explain your situation to the company you're joining and check with them if they're willing to accept you without a relieving letter. If they agree then the ball is in your court. Your current company cannot hold you back. They can hold back your salary and relieving letter though but you aren't compelled to pay a buyout amount of any sort.
Employment Bonds - Do they really work? | Bond Contracts

From India, Mumbai
You have mentioned that there is a clause in yourr terms and conditions that the notice period can be reduced with the approval of your line manager. so why dont you talk to your line manager and convince him to reduce your notice period to one month.
From India, Bengaluru
-> I agree with Biswajyoti to speak with your line manager and HR and explain your side and you have the credibility to do so because you have spent as good as 5 years with the company
-> What ever notice is agreed upon, do your 100% in terms of a seamless handover
-> Speak to your future employer and ask them whether it would suffice (by giving explaining the situation) them a resignation letter copy in the absence of relieving letter or resignation letter not acknowledged copy
-> Finally i feel in the court of law, though a company can take legal action if it wishes to, the favour mostly lies in the employee's benefit..
trust the above helps

From India, Mumbai
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