Hi,I am serving notice period of 60 days in my current company. But now I got better opportunity where I need to join early. Also I have negotiate with new employer and they have given me 24 days time to join. Hence I can serve notice period with current employer till 24 days. I have asked my current employer to release me Early but they are asking me to serve notice period till 69 days. The current employer policy says :
In case you intend to resign from the services of the Company at any point of time, you are required to serve 60 days’ Notice Period ('Notice Period') starting from the date of resignation. The Company may, at its sole discretion, permit you an early release by;
i. Adjusting the vacation leave accumulated towards a part of the
notice period (whether in part or whole) and / or
ii. Allowing you to pay up for the notice period in lieu thereof on your
annual gross compensation.

Now as per current employer policy says it's sole discretion of company may give early release by using buyout option or vacation leaves balance.
I have asked for both buyout and leave compensation but my current employer is not agreeing with it . I cannot again ask new employer to extend as they already did for 24 days.

Please guide me what is best approach to follow now. I even spoke to my HR he is completely dependent on my manager's call. My manager is not at all listening for early release. If I don't work after serving 24 days will I be considered as absconding because I already sent mail and put my resignation and let my current employer know about it.

And what is the best approach to claim the relieving letter if I stop working after serving 24 days?

From India, Hyderabad
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In absconding your job, you are taking a huge risk with tremendous adverse consequences, besides casting doubt on your integrity, ethics and character. Is it all that worth?. Perhaps you could have sought little more time to join the new company.
In the circumstances you have narrated, you need to follow up with your department head and HR for early release after allowing you the buy out option.

From India, Mumbai
Hi KK,
I have been trying to convince my HR and senior manager but they are not agreeing. And I have doubt, I already intimated them with resignation mail and they have accepted it as well. If I stop working after serving 24 days against 60 days do it still called as absconding case?

From India, Hyderabad


If you have a copy of the acceptance, they should not mark you absconding.

But they will not provide you relieving letter , so convince your reporting manager for notice period buyout and have smooth exit. So that it is not going to reflect on you BGV.

From India, Mettupalayam

Always adhere to the clause agreed in appointment order. You need to either given notice amount , for the rest days or you need to serve to them. There is no compulsion to work the same employer if this clause is in your appointment order.
From Spain, Burgos
Thanks Murali! Yes I agreed that I will serve notice period. But there is also written that if employees required early release then based on company discretion they will give buyout option and also leave compensation. But now when iam requesting to pay amount or compensate my leaves balance they are not agreeing.
From India, Hyderabad

Hey Nazeeruddin,

If you have any written proof wherein it is clearly stated that if employees require early release then based on company discretion they will give buyout option for the notice period and leave compensation, then your current company is bound to release you. So, one last time you should go to your manager or HR and discuss the same.

In case you do not have any such written proof, then you have no other option but try to convince them or your new employer. Since the whole situation is a little tricky, you should be patient and calm.

Hope it helps.

From India, Noida
Yes i do have written proof of offer letter terms and conditions mentioned in below attached section number 9.b)Separation from the company: that based on company discretion they will give buyout option for the notice period and leave compensation. I have been negotiating with current employer since 30 days still they are not agreeing and also extended joining date with new employer 3 times in a row, now he is also not accepting beyond date. i'm completely over stressed and could not able to continue my work. please suggest what action should i have to take further
please find below attached screenshot for you reference.

Thanks in Advance.

From India, Hyderabad

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i wanna know how it can reflect in bgv if he hides the previous company experience in cv??
From India, Mumbai
Hi Kunal31, Yes you are wright if you are hiding previous experience in cv then obviously you will not have the problem which iam my case i have used current employer experience.
From India, Hyderabad

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