I have recently joined my current organization and served for 20 working days, of which 10 days were for initial organizational processes and project training and setup. A few days ago, I received an offer from another organization that wants me to join immediately (by the coming Monday) and is ready to pay the buyout of my current organization (based on a 2-month notice period) in full, along with the current month's salary and a joining bonus, only if I am able to join them by Monday. Yesterday (Thursday), I placed a formal request for resignation and expressed my wish for an "immediate release" (as there is no dependency on me yet), along with the offer of buying out the remaining part of my notice period after deducting my salary, which is due in my current organization.
Today, my current organization's manager told me he can only reduce the notice period to 1 month (starting from yesterday), and the rest is up to the HRs of the current organization to settle. I tried to arrange a meeting today, but they did not turn up. Earlier today, a similar statement was given by the division's director, saying that a release by "Monday is impossible" and that he doesn't believe a notice period buyout is an option.
Below are the words from the offer/agreement I have signed with them regarding termination:
"Either Party shall have the option of terminating the employment by providing the other Party with sixty (60) days written notice or sixty (60) days' salary (including all allowances) in lieu of such notice.
The Company retains the right to terminate this Agreement for cause and without any obligation to pay sixty (60) days' salary if the Employee.... (Section for termination based on various illegal and unauthorized practices)"
There is no separate bond.
Reasons for Wanting to Join the New Organization
I want to join the new organization now ASAP based on the following reasons:
1. The project seems interesting.
2. The pay is increased significantly.
3. Now that a lot of things have been said and done in my current organization (with my Manager and Director), I feel it will not be the same if I stayed back.
Also, I don't want any relieving letter or salary from my current organization, and I am okay if they still want the two months' notice period buyout in full.
But there is a catch from the new organization's side as well. After having more than a day's discussion back and forth, the new organization's HR is still not very keen on extending the whole process from Monday onwards, stating that they have made a lot of adjustments and the payroll has to be adjusted accordingly in the system. So, consider that extending the joining date is not an option.
Queries and Concerns
Based on the above criteria, I have the following queries:
1. Considering that I am fairly new to the organization, I haven't taken a single dime from my current organization, I am ready for a buyout, and I now really want to join the new organization. What are the options left for me? Although I am very much inclined to do the right thing with my current organization, I also don't want to miss out on the new organization and avoid any issues with the law.
2. Is it okay for the organization to hold me back for 1 more month when practically my contribution is not much? I do understand that they have put a lot of effort into onboarding and waiting for me, but I do feel similar efforts were put in by me too, and they should respect my decision.
3. Is absconding from my current organization a choice, although I am pushing them (Manager and HRs of the current organization) to close this while helping out with anything that I can (mostly buyout)? I think they are deliberately pushing things beyond Monday. I can understand it's hugely convenient for them, but I am also in a pickle here, and I have communicated to them, asking them to help me with the same, thinking objectively.
4. What should I propose to the HRs for the best foot forward in both best-case and worst-case scenarios?
From India, Kalyan
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Today, my current organization's manager told me he can only reduce the notice period to 1 month (starting from yesterday), and the rest is up to the HRs of the current organization to settle. I tried to arrange a meeting today, but they did not turn up. Earlier today, a similar statement was given by the division's director, saying that a release by "Monday is impossible" and that he doesn't believe a notice period buyout is an option.
Below are the words from the offer/agreement I have signed with them regarding termination:
"Either Party shall have the option of terminating the employment by providing the other Party with sixty (60) days written notice or sixty (60) days' salary (including all allowances) in lieu of such notice.
The Company retains the right to terminate this Agreement for cause and without any obligation to pay sixty (60) days' salary if the Employee.... (Section for termination based on various illegal and unauthorized practices)"
There is no separate bond.
Reasons for Wanting to Join the New Organization
I want to join the new organization now ASAP based on the following reasons:
1. The project seems interesting.
2. The pay is increased significantly.
3. Now that a lot of things have been said and done in my current organization (with my Manager and Director), I feel it will not be the same if I stayed back.
Also, I don't want any relieving letter or salary from my current organization, and I am okay if they still want the two months' notice period buyout in full.
But there is a catch from the new organization's side as well. After having more than a day's discussion back and forth, the new organization's HR is still not very keen on extending the whole process from Monday onwards, stating that they have made a lot of adjustments and the payroll has to be adjusted accordingly in the system. So, consider that extending the joining date is not an option.
Queries and Concerns
Based on the above criteria, I have the following queries:
1. Considering that I am fairly new to the organization, I haven't taken a single dime from my current organization, I am ready for a buyout, and I now really want to join the new organization. What are the options left for me? Although I am very much inclined to do the right thing with my current organization, I also don't want to miss out on the new organization and avoid any issues with the law.
2. Is it okay for the organization to hold me back for 1 more month when practically my contribution is not much? I do understand that they have put a lot of effort into onboarding and waiting for me, but I do feel similar efforts were put in by me too, and they should respect my decision.
3. Is absconding from my current organization a choice, although I am pushing them (Manager and HRs of the current organization) to close this while helping out with anything that I can (mostly buyout)? I think they are deliberately pushing things beyond Monday. I can understand it's hugely convenient for them, but I am also in a pickle here, and I have communicated to them, asking them to help me with the same, thinking objectively.
4. What should I propose to the HRs for the best foot forward in both best-case and worst-case scenarios?
From India, Kalyan
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Based on your situation and the specifics of the agreement you've signed with your current organization, here are the possible options:
1. Notice Period Buyout: As per the terms stated in your agreement, you have a right to terminate your employment by providing a 60 days' notice or 60 days' salary in lieu of such notice. This essentially means a notice period buyout is an option, contrary to what your director believes. You can politely insist on this clause and request your HR department to consider this option. In case they still refuse, you may consider seeking legal advice.
2. Negotiation: You might want to negotiate with your current organization to reduce the notice period further. You could express your willingness to help with any transition tasks, such as training a replacement or documenting your work, to ease the transition.
3. Absconding: Absconding is generally not advised as it could lead to legal consequences and a bad reputation in the industry. You are bound by the terms of your contract until it's legally terminated.
In terms of your specific questions:
1. Options Left: The most ethical and lawful way to handle this would be to reiterate your willingness to buy out the notice period as per the contract. If they refuse, you might want to consult with a legal professional.
2. Holding Back: While it's understandable that the organization has invested in your onboarding, the terms of your contract allow for termination with a 60 days' notice or payment. Holding you back beyond this could potentially be a breach of contract. However, the final decision in such cases often rests with the organization.
3. Absconding: As mentioned earlier, absconding is not advisable. This could potentially land you in legal trouble and damage your professional reputation.
4. Proposal to HR: In the best-case scenario, propose a meeting with your HR, explaining your situation and your willingness to buy out the notice period. In the worst-case scenario, if they still refuse and you really want to join the new organization, you might want to consider seeking legal advice.
Remember, it's always best to part ways amicably with your current employer, keeping in mind future references and the small world of professional networking. Good luck! 🕊️
From India, Gurugram
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601. Notice Period Buyout: As per the terms stated in your agreement, you have a right to terminate your employment by providing a 60 days' notice or 60 days' salary in lieu of such notice. This essentially means a notice period buyout is an option, contrary to what your director believes. You can politely insist on this clause and request your HR department to consider this option. In case they still refuse, you may consider seeking legal advice.
2. Negotiation: You might want to negotiate with your current organization to reduce the notice period further. You could express your willingness to help with any transition tasks, such as training a replacement or documenting your work, to ease the transition.
3. Absconding: Absconding is generally not advised as it could lead to legal consequences and a bad reputation in the industry. You are bound by the terms of your contract until it's legally terminated.
In terms of your specific questions:
1. Options Left: The most ethical and lawful way to handle this would be to reiterate your willingness to buy out the notice period as per the contract. If they refuse, you might want to consult with a legal professional.
2. Holding Back: While it's understandable that the organization has invested in your onboarding, the terms of your contract allow for termination with a 60 days' notice or payment. Holding you back beyond this could potentially be a breach of contract. However, the final decision in such cases often rests with the organization.
3. Absconding: As mentioned earlier, absconding is not advisable. This could potentially land you in legal trouble and damage your professional reputation.
4. Proposal to HR: In the best-case scenario, propose a meeting with your HR, explaining your situation and your willingness to buy out the notice period. In the worst-case scenario, if they still refuse and you really want to join the new organization, you might want to consider seeking legal advice.
Remember, it's always best to part ways amicably with your current employer, keeping in mind future references and the small world of professional networking. Good luck! 🕊️
From India, Gurugram
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