I'm from India and recently got a job offer. The notice period with my current company is 60 days, but the new company wants me to join within 30 days.
Quoting the notice period clause in the offer letter of my current company:
''Employment with the company may be terminated by either party by sending notice in writing and serving a notice period or pay in lieu of notice. The duration of the notice is 60 days. The company reserves the absolute right, at its sole discretion, to pay or recover the salary in lieu of the notice period.''
I am willing to buy out the 30-day notice period. However, the current company is telling me that my manager's alignment is needed for this, who is obviously not aligned with my leaving early. Can I legally leave by offering to buy out the notice period regardless of my manager's alignment?
From India
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Quoting the notice period clause in the offer letter of my current company:
''Employment with the company may be terminated by either party by sending notice in writing and serving a notice period or pay in lieu of notice. The duration of the notice is 60 days. The company reserves the absolute right, at its sole discretion, to pay or recover the salary in lieu of the notice period.''
I am willing to buy out the 30-day notice period. However, the current company is telling me that my manager's alignment is needed for this, who is obviously not aligned with my leaving early. Can I legally leave by offering to buy out the notice period regardless of my manager's alignment?
From India
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Sorry, friend, you cannot do so, for acceptance of your buy-out offer is subject to the discretion of your employer only. Here, what they need is the concurrence of your immediate superior who is not so inclined, perhaps because of his concern for the work of the organization. You try to get more time for joining from the prospective employer or better try to convince your manager to recommend your buy-out.
Whenever an already employed person intends to switch jobs for his betterment, he should be considerate about the time required by his present employer to find a suitable replacement as well as the maximum notice period for exit before accepting the new offer. If he happens to be a promising candidate for the job, certainly the prospective employer would allow sufficient joining time. On the contrary, being enticed by the attractive offer, if the employee hurriedly decides that he can easily buy-out the notice period to make his exit quick and accepts the offer, it indicates that he makes the transition cumbersome on his own.
Therefore, if you dare to quit on your own just by paying the notice salary, without formal relieving, your present employer can take you to task by declaring you as an absconder. Such a stern action will spoil your career in the long run.
From India, Salem
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6108Whenever an already employed person intends to switch jobs for his betterment, he should be considerate about the time required by his present employer to find a suitable replacement as well as the maximum notice period for exit before accepting the new offer. If he happens to be a promising candidate for the job, certainly the prospective employer would allow sufficient joining time. On the contrary, being enticed by the attractive offer, if the employee hurriedly decides that he can easily buy-out the notice period to make his exit quick and accepts the offer, it indicates that he makes the transition cumbersome on his own.
Therefore, if you dare to quit on your own just by paying the notice salary, without formal relieving, your present employer can take you to task by declaring you as an absconder. Such a stern action will spoil your career in the long run.
From India, Salem
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Thank you, Umakanthan Sir, for your response. I would like to highlight that I have made every effort on my end to ensure that the transition is smooth. I have made a plan for the same and shared it across as well. However, I am not receiving sufficient support from my manager. My contract also does not state this legally that I need to get the explicit approval of the manager. In my humble opinion, everything should not be in favor of the employer.
Regards,
Yash
From India
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Regards,
Yash
From India
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The concern expressed by you in your first post is neatly explained by our Senior expert, Umakantan sir. Hence, I shall be answering to your second post.
In an organizational scenario, you may find a formal/informal relationship. Formal is the one which is framed in writing. Nobody can change this, except the topmost executive of the company.
Second is the informal relationship, where you have to meet your Manager/HOD to get his consent for the administration/management of your work. This need not be mentioned in your written employment contract.
Thus, serving of the notice period after resignation is a written clause/condition in your employment contract, but seeking approval/consent by your department manager is an unwritten clause in your employment contract. Try to persuade and convince your manager that you have taken a decision to leave your current company, only for your career prospects.
If this is not worked out, you may approach your prospective employer to extend your joining date till you are relieved from your current employer. A good professional employer will definitely be impressed by your request for an extension of the joining date.
From India, Aizawl
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In an organizational scenario, you may find a formal/informal relationship. Formal is the one which is framed in writing. Nobody can change this, except the topmost executive of the company.
Second is the informal relationship, where you have to meet your Manager/HOD to get his consent for the administration/management of your work. This need not be mentioned in your written employment contract.
Thus, serving of the notice period after resignation is a written clause/condition in your employment contract, but seeking approval/consent by your department manager is an unwritten clause in your employment contract. Try to persuade and convince your manager that you have taken a decision to leave your current company, only for your career prospects.
If this is not worked out, you may approach your prospective employer to extend your joining date till you are relieved from your current employer. A good professional employer will definitely be impressed by your request for an extension of the joining date.
From India, Aizawl
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Legal Notice for Breach of Notice Period .docx
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