Bharat Gera
Principal Hr Consultant
JD Jyoti
Sr. Hr. Executive
+1 Other

Thread Started by #Harry100

Please suggest. I am working with Big MNC. In my appointment letter, notice period is 3 months and I resigned on 01.12.2017 with one month notice period. I did so because I got good opportunity with another Company. Now HR and my line manager are forcing me to serve full notice period 3 Month which I cannot do as I have to join the other company. My old company is not issuing my relieving certificate. Kindly suggest what I could do- what legal recourse do I have?
27th December 2017 From India, Jaipur
You have clearly mentioned that, the offer letter has 3 months notice period and obviously HR will have signed copy of your offer letter which has the notice period clause in it.
Also, you mentioned that you have resigned with 1 month notice period, who agreed for 1 month notice, do you have any email confirmation for the 1 month notice acceptance along with your last date of work?
How long you are working in this company?
For any legal move, the documents talks a lot in your case, the offer letter clearly have the 3 months in it.
As an alternative, have you tried the notice buy-out option, so you work for 1 month and pay the amount for 2 months notice.
Indian managment is very stringent when it comes to notice period negotiation, exceptions are taken as examples by employees as well. The only thing you can try is convince your manager and HR or ask for notice buy-out.
Am sorry to share my views here, as an employee you knew your notice period already through offer letter and while trying for the job you could have informed about the notice period. 3 months notice is very common these days and new employers are accepting this. You should have been very careful.
Also, explain the situation to the new employer and ask if they are ok to extend your joining date.
Seniors here can correct if am wrong in my views
27th December 2017 From India, Bengaluru
I am in discussion with HR. She is saying that you need to serve 3 month. And i said that i already for 1 month and for remaining 2 month i will pay as per company policy.
Pls Suggest what to do now
27th December 2017 From India, Jaipur
Working in Same from 3.5 Year. But its just like Force. I have sign appointment letter. I have not signed any Bond. And Things can be accpet if both parties are Agree. They cant. Force me. This Could be breach of indian Contract act 1872.
Please suggest
27th December 2017 From India, Jaipur
To be honest, more than HR it's the management (your manager, your second level manager (manager's manager) decision.
If your manager agrees to relive you in 1 month, then HR will not have any problem at all. As your manager is already aware of this, try to ask the reason for not relieving you and if possible please contact your second level manager.
You have served 3 plus years and hope they will be able to support you, provided you proved your stuff. It's all about understanding and how you both deal this.
Please be humble and try politely and professionally, explain your situation and try to understand their situation. You both have to bring out the possibilities and issues and then draw to solution with win-win for both.
Take time, think from their point of view, convince them and win them.
My wishes to you!
27th December 2017 From India, Bengaluru
My manager is only reason thats y i am leaving. And I know He will not support me in this text.
What Can be Next Step.
Bcos i clearly mention 2 times in mail that I cannot Continue with my service after 1 month.
27th December 2017 From India, Jaipur
As far as I know, the only available option is to take it to senior management. Either your second level manager or MD, you should know who's your higher hierarchy. If they have different view, they may allow you to leave as you wish. So please try this.
From legal point of view, the notice of 3 months is already there in the contract and you are not leaving on any emergency or medical reasons. You are just joining a new employer. so, try your good luck.
Further, moving legally won't fetch any better results considering the information you have shared here.
Seniors here, please share your thoughts on this.
27th December 2017 From India, Bengaluru
As per company norms if your notice period is 3 months and it is documented than you have to serve the full notice period or you should discuss with your line manager and Hr if you have good relationship with your Line manager or reporting manager then he/she can help you out to get you relieving letter. Otherwise if there is any buyout option then you can opt that option for the remaining time.
27th December 2017 From India, Delhi
I am in discussion with HR. She is saying that you need to serve 3 month. And i said that i already for 1 month and for remaining 2 month i will pay as per company policy.
Pls Suggest what to do n
28th December 2017 From India, Jaipur
Dear Friend,
1. Now a days companies do not have any norms the only norm,target, vision & mission etc is profit. In this forum itself I have found almost one such issue every third day coming up where HR behaves as if they are police officers following the orders of their masters. Human in 'HR' has no value if it does not suit them.
2. Since HR is now aligned to business (not with Human) do not except any consideration/help from them. Appointment order is issued by HR only and accepted by the employee. Appointment order is supposed to be a document sacrosanct.
3. The management which signs & issues this document does not maintain its sanctity. Its just a piece of paper if does not support their motive. Every appointment letter has an exit clause which contains the provision either to serve or to pay the notice period if unable to serve.
4. If you have been communicated the acceptance of your resignation by the company then write a mail to your CEO with copies o your HoD & HR. Quote the provision of exit clause and also mention that you are following the contract of employment issued by the company.
5. Be ready to get negative report in background check in future.
Warm Regards
Bharat Gera
HR Consultant
28th December 2017 From India, Thane
Sir. What Could be the Solution as i Communicate that i am unable to serve and ready to pay as per Company Policy.
I have Signed a Appointment letter. Not any Bond
thing Can Continue if both parties are ready. And not to force eachother. Its like force. Which is breach of Contract act.
Pls Suggest.
28th December 2017 From India, Jaipur
Pls suggest
Can Management make any compliance during Notice period.
Bcos there is conflict between me and my manager and whole the Company came to know abt this.
Pls suggest
3rd January 2018 From India, Jaipur
Hi Harry,
I feel sorry about your situation.
This is well known fact that, if there is a conflict between the employee and the manager, the manager will use his/her authority when time comes to hurt or take revenge on the employees.
This is really a culture problem and there should be open door policy where you can contact higher hierarchy to sort it out. These are organizational issues.
Now, for your issue apart from legal side ( as I see less chance that your appointment has the details of 3 months notice and you signed it), the only option available as far am concerned is talk to the manager, be humble and ask for a quick talk.
Apologies for whatever happened, and inform that it's career and life and seek help hopefully this may work. Also I suggest, you to talk to well known person of the manager in the same office. He/She may convince your manager and help you.
The ball is in your court, only you know about your manager and for sure there will be a way to get this done.
In worst case, you have to convince your new employer for revised dates stating some critical requirements. It's you, who need to break this huddle.
Relax, take sometime, write down all the ways to get this done and try. You will be able to fix this.
Good luck ,
3rd January 2018 From India, Bengaluru
"I have Signed a Appointment letter. Not any Bond"
What you have signed is a valid contract.
Job has been offered to you on certain terms and conditions and you have willingly accepted.
One such term is 3 months notice.
you are legally bound by it.
If manager does not accept, he/she cannot be forced to accept.
You can only try to convince your manager about leaving you early but it is his/her choice.
Once you knew you had 3 month notice period, it should have been kept in mind while accepting new job.
3rd January 2018 From India, Pune
Can i take Medical leave during my notice
3rd January 2018 From India, Jaipur
If some one falls sick, how can company stop that?
You will have to bring medical documents to prove your illness.
Situation can become more complex with such steps.
Think before acting.
3rd January 2018 From India, Pune
I have Send hardcopy of ResignTion through Register post and today Head hr Sked me to come and meet him to get solve the issue. Pls Guide me on this also
3rd January 2018 From India, Jaipur
Negotiate respectfully and tactfully.
Offer them 2 months pay I/L of notice period if there is no way they will overlook and accept 1 month notice only.
3rd January 2018 From India, Pune
Pls guide. Can company increase notice period after serving them 3 month.
Today i hd meeting with HOD. ,
They forced and I agreed to serve full notice period. But what i felt that they may increase
Pls Suggest.
If you can i send copy if provide me email id
4th January 2018 From India, Jaipur
Meeting took 3 hrs and after conclusion i agreed for business req. to serve.
Pls guide
4th January 2018 From India, Jaipur
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