Hi, I have resigned from my current company and given a 45-day notice period. The appointment letter states either a 90-day notice or salary in lieu of notice. However, no one in the company is willing to release me early, and HR says they will consider me as absconding if I don't serve the full notice period. The appointment letter does not mention that waiving the notice period is at the discretion of the company.
My new employer is asking me to join within 45 days, creating a dilemma for me.
Options in This Situation
I want to know what my options are in this situation. Can the company withhold my relieving/experience certificate? Can they cause issues with my background verification checks in the future if I don't serve the full 90 days?
The exact lines from the appointment letter are as follows: "Post confirmation of your employment, your services can be terminated, with or without reasons, by giving a notice of 90 days or payment in lieu of the notice period. Payment in lieu of the shortfall of the notice period will be equivalent to the monthly total compensation earned for an equivalent period of time. This is applicable to terminations initiated by you or by the company."
I need urgent help on this matter. Thanks.
From India, Mumbai
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My new employer is asking me to join within 45 days, creating a dilemma for me.
Options in This Situation
I want to know what my options are in this situation. Can the company withhold my relieving/experience certificate? Can they cause issues with my background verification checks in the future if I don't serve the full 90 days?
The exact lines from the appointment letter are as follows: "Post confirmation of your employment, your services can be terminated, with or without reasons, by giving a notice of 90 days or payment in lieu of the notice period. Payment in lieu of the shortfall of the notice period will be equivalent to the monthly total compensation earned for an equivalent period of time. This is applicable to terminations initiated by you or by the company."
I need urgent help on this matter. Thanks.
From India, Mumbai
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Notice Clause and Employer Discretion
The notice clause extracted from the appointment letter confers equal choice for the exercise of the option on both the employer and the employee and does not entitle the employer to any preferential discretion of acceptance over the particular choice of the employee.
Of course, the tacit reluctance of the employer and the oral threat of the HR, as narrated by the poster, would indicate that they would certainly do something if the poster simply acts as per the notice clause. If he is bold enough to face the trouble, he can act as per the notice clause.
Early Joining Agreement
But the pertinent question is why he agreed to an early joining when he is fully aware of the full notice period in the present organization? My suggestion, therefore, would be either to convince the present employer for an early relief or the prospective employer for a late joining by politely explaining the situation.
From India, Salem
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6108The notice clause extracted from the appointment letter confers equal choice for the exercise of the option on both the employer and the employee and does not entitle the employer to any preferential discretion of acceptance over the particular choice of the employee.
Of course, the tacit reluctance of the employer and the oral threat of the HR, as narrated by the poster, would indicate that they would certainly do something if the poster simply acts as per the notice clause. If he is bold enough to face the trouble, he can act as per the notice clause.
Early Joining Agreement
But the pertinent question is why he agreed to an early joining when he is fully aware of the full notice period in the present organization? My suggestion, therefore, would be either to convince the present employer for an early relief or the prospective employer for a late joining by politely explaining the situation.
From India, Salem
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