Bharat Gera
Principal Hr Consultant
JD Jyoti
Sr. Hr. Executive
Insolvency N Gst Professional

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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?

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

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
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

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!

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.

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.

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.

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
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

From India, Thane

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