Hi All,
Company's Separation Policy
My Company's policy on separation is: "Should the employee desire to leave the Company at any time, the permanent employee will be required to give 3 (three) months' notice in writing to the Company or 3 (three) months' basic salary in lieu thereof. If the employee decides to leave the company by paying notice pay, then he must bear the tax liability. The Company also reserves the right to terminate the services of an employee if he/she is guilty of any misconduct or breach of duty, without any notice period."
Resignation and Notice Period Dilemma
I resigned after discussing with my management, stating that I would be serving a 1-month notice period. My manager provided a way out for early release and buyout, stating that as soon as my replacement joins, I can leave after 1 week of their joining.
I shared a candidate on the same day of my resignation who was a perfect fit for my role, and he was able to join within a week as he was already serving his notice period. After 1 week of my resignation, I asked for an update on his candidature, but they have not yet started the recruitment process. Upon discussing with management, they said it usually takes 2 months for a new hire. I was shocked as my other offer would be withdrawn if I don't join by the specified date. I shared this information with management, and now they are not ready to release me early or even retain me. They want me to serve a notice period of 3 months and leave.
Seeking Advice on Next Steps
Looking at the above scenario, because I shared the candidature and now it seems like they don't care about this, I am confused about what to do. I am thinking of dropping a final email on my last working date, including HR, and asking them to share the exit formalities. I can be contacted on my personal email ID for F&F and the relieving letter.
What are the chances that the company can hold my relieving letter, and is there any way I can get it from them? Is it advisable to join another company if my current company is neither relieving me nor retaining me?
What are my options? Please advise.
From India, Pathalgaon
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Company's Separation Policy
My Company's policy on separation is: "Should the employee desire to leave the Company at any time, the permanent employee will be required to give 3 (three) months' notice in writing to the Company or 3 (three) months' basic salary in lieu thereof. If the employee decides to leave the company by paying notice pay, then he must bear the tax liability. The Company also reserves the right to terminate the services of an employee if he/she is guilty of any misconduct or breach of duty, without any notice period."
Resignation and Notice Period Dilemma
I resigned after discussing with my management, stating that I would be serving a 1-month notice period. My manager provided a way out for early release and buyout, stating that as soon as my replacement joins, I can leave after 1 week of their joining.
I shared a candidate on the same day of my resignation who was a perfect fit for my role, and he was able to join within a week as he was already serving his notice period. After 1 week of my resignation, I asked for an update on his candidature, but they have not yet started the recruitment process. Upon discussing with management, they said it usually takes 2 months for a new hire. I was shocked as my other offer would be withdrawn if I don't join by the specified date. I shared this information with management, and now they are not ready to release me early or even retain me. They want me to serve a notice period of 3 months and leave.
Seeking Advice on Next Steps
Looking at the above scenario, because I shared the candidature and now it seems like they don't care about this, I am confused about what to do. I am thinking of dropping a final email on my last working date, including HR, and asking them to share the exit formalities. I can be contacted on my personal email ID for F&F and the relieving letter.
What are the chances that the company can hold my relieving letter, and is there any way I can get it from them? Is it advisable to join another company if my current company is neither relieving me nor retaining me?
What are my options? Please advise.
From India, Pathalgaon
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From your narration, it seems that the assurances received by you may not work out. So, you can strictly follow your company policy on separation by buying out the notice period. This can be done by depositing three months' salary, allowing for a smooth exit, and enabling you to join your prospective employer.
From India, Aizawl
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651From India, Aizawl
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You need to pursue the management to accept your buyback offer. The management cannot be compelled to accept it; only your words and approach can change their decision. At the same time, you should negotiate with the new employer to postpone your joining. Both tasks are challenging, but you have no other option. Is your new organization ready to take you without the relieving order? If they are prepared, you can abandon your existing job and inform your current employer clearly.
From India, Mumbai
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From India, Mumbai
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Hi P Radhakrishnan Nair, but the manager is not ready to release me early nor let me buy out the remaining notice period. Without his approval, HR is not agreeing to let me buy out. They confirmed that they have not yet received my resignation. I am confused now and don't want to be unemployed.
From India, Pathalgaon
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From India, Pathalgaon
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Resignation cum relieving letter.doc