Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
+1 Other

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Hi, I recently got an offer from an MNC. During the interviews, I had told them that my notice period is 3 months but its negotiable and people have left even within 15 days. I got an offer letter saying that I will be getting a joining bonus only if I join within one month else it won't be paid. The date of Joining mentioned in the offer letter also says that the reporting date is in the last week of October. Further, it is mentioned that the offer letter stands null and void if I fail to join on the mentioned date. My current company is now not relieving me before the completion of 3 months, nor allowing me to adjust my leaves or buyout the notice period. Can the other company revoke the offer made or is it just the joining bonus which I will have to forgo? Please help.
From India, Hyderabad
In my personal opinion, most probably the dead line mentioned in the offer letter pertains to the eligibility for joining bonus only. Any way you may inform the prospective employer about your obligation to serve the entire notice period in the present organization and request to be permitted to join after formal relieving and if confirmed forthwith you are ready to forego the joining bonus.
From India, Salem
Dear Vikkh.Nitk,

Whenever a vacancy arises, the HR department is given a target to fill the vacancy within a certain time limit. They are given this recruitment-completion target in order to maintain operational continuity. Whenever an employee quits an organisation, a new one must join in the shortest possible time. A prolonged gap could hamper the operations which, in turn, could hamper customer satisfaction as well.

In your case your future company has gone a step ahead and has assured you a "joining bonus". This joining bonus was given to you so that you can quit your current company and losses caused to you could be offset either fully or partially.

Nevertheless, unthinkingly you gave assurance to the future employer on your early joining. Commitment to the future employer should have arisen from the commitment and that too in writing by the current employer. Now your current employer has refused to waive off the notice period and has asked you to serve the notice period. Their mandate has pushed you into the current predicament.

Far from forfeiture of the "joining bonus", a threat of revocation of the job offer itself is looming on your head. However, this threat could be imaginary as well. Send an email to the HR department of the future employer confirming your inability to join within a month. If required, you may go there personally and explain your inability. A personal meeting is always helpful.

Lastly, keep in mind the smooth exit from the current organisation as well. While you may insist on the early exit, you should not engage in an act that may be perceived as "misconduct" by the current employer. Any misconduct could be a double whammy to you.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear colleague,
The date of joining was on the basis of what you must have committed and the joining bonus got tied to it.
Since you are unable to keep your committed date of joining, the future employer , is within his right to withdraw the offer of the joining bonus . But the job offer may not be affected if you convince them of your genuine difficulty.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Hello All,
Thank you for the inputs. I had never told them that I will be relieved within a month. In fact I always told that the notice period is 3 months which is negotiable upto 1 month as has been seen in other cases. I never promised anything. Even the HR of my future company has agreed that while 3 months is the notice period, the way I spoke in interviews made them hopeful of an early joining. They are well within their right to revoke the offer but was just wondering if they will do so because all my onboarding formalities, background verification,etc have already been completed and even system has been delivered to me at my home. Do HRs resort to pressure tactics so as to get a commitment to join and not to run away at the last moment? Is it illegal to abscond from my current employer to join the next because in the offer letter it is only mentioned that the person will be terminated for non reporting but there is no mention of legal action. The word 'legal' has not been mentioned even once in the entire offer letter anywhere. if so, can they take legal action against me?
Thanks once again.

From India, Hyderabad
Dear friend,
After accepting the offer, in exceptional circumstances like compulsion to serve the notice period in the current job by the prospective appointee may not be treated as illegal. But, abscondence from the current job would be certainly a misconduct the punishment for which can be a indelible stigma in your career. Better inform the prospective employer your inability to join as agreed earlier and your willingness to forego the joining bonus.

From India, Salem
Maybe I shouldn't have said that the Notice Period is negotiable. In fact my current company shouldn't write 'salary in lieu thereof' in its offer letter because it does not allow buyouts or leave adjustments. The offer is finally getting revoked and there is nothing anyone can do.
Thanks all for the inputs.

From India, Hyderabad
Dear colleague,
Sorry, it ended in withdrawal of the offer.
You could have chosen to commit date of joining after checking and not on assumptions.
If new Employer is keen on having you, he could wait for the completion of the notice period.
If you are at the wrong end of the assessment and I believe you are, please learn from it and avoid its repetition.
Better luck next time.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
My son got a offer to join a Co but present employer was vehement that he should complete 3 month notice period.
The employer was also not willing for "buy out" of the notice period.
The interesting part is that the future employer and the present employer know each other and had a talk on the subject .
Finally my son will switch only after completing 3 months notice period so as not to burn bridges with the present employer as he is holding a Sr Post and reputation at that level matters .
It is always advisable to have a notice period buy out clause so that joining bonus can offset the buy out payment.
Also, the date of joining can be requested to be " will join on ------ or earlier" based on early reliving --if that happens .
Col.Suresh Rathi

From India, Delhi
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