Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager

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Anonymous
I'm from India and recently got a job offer. Notice period with my current company is 60 days and 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 a 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 notice period.''

I am ready to buy out the 30 day notice, however, the current company is telling me that my manager's alignment is needed for this, who is, obviously not aligned to my leaving early. Can I legally leave by offering to buy out the notice period regardless of my manager's alignment?

From India
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 job 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 promissing 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 so as 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
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, have made a plan for the same and shared it across as well. But, 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 favour of the employer?
Regards,
Yash

From India
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 formal /informal relationship. Formal is the one which is framed in written. Nobody can change this, expect the Top most executive of the company.

Second is the informal relationship, where you have to meet your Manager/HOD to get his consent for administration/management of your work. This need not be mentioned in your written employment contract.

Thus, serving of 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 relieve from your current employer. A good professional employer definitely will be impressed by your request for extension of joining date.

From India, Aizawl
Anonymous
Thank you P Radhakrishnan Sir, in continuation to your response, the company should not be enforcing an unwritten rule, is that correct? I have offered all the support I can from my end.
From India
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