I have recently joined my current org and served for 20 working days (of which 10 days were initial org process and project training and setup). Few days ago I received an offer from another org that wants me to join immediately (by coming Monday) and is ready to pay the buyout of my current org (based on 2 months notice period) in full along with current month's salary and joining bonus only if I am able to join them by Monday. Yesterday (Thursday), I had placed a formal request for resignation and my wish for and "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 org.
But today my current org's manager and told me he can only reduce the notice period till 1 month (starting from yesterday) and the rest is up to the HRs of current org. to settle. I tried to get them to 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 believes notice period buyout is an option.
Below are the words from the offer/agreement I have signed with them regarding the 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) daysí 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) daysí salary if the Employee.... (Section for termination based
various illegal and unauthorised practices)"
There is no separate bond.
I want to join the new org now ASAP based on the following reasons:
1. Project seems interesting.
2. Pay is increased significantly.
3. Now, that lot of things have been said and done in my current org (with my Manager and Director) and 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 organisation and I am pretty okay if they still want the two months notice period buyout in full.
But there is a catch from the new org's side as well after having more than a day's discussion to and fro the new org'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.
Based on the above criterions I have the following queries:
1. Considering that I am fairly new to the organisation, I haven't taken a single dime from my current org, I am ready for a buyout and I now really want to join the new org. what are the options left for me? Although I am very much inclined to do the right thing with my current org but I also dont want to miss out the new org and avoid any issues with the LAW.
2. Is it okay for the organisation 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 efforts in on-boarding and waiting for me, but the I do feel similar efforts were put by me too and they should respect my decision)
3. Is absconding my current org a choice, although I am pushing them (Manager and HRs of current org) 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 its hugely convenient for them but I am also in a pickle here and I have communicated to them asked 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
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.