puneet-jain1
Respected All,
Currently I have facing one Problem, need your advice...

I am working in an organization from 1 may 2023, which have condition of three months notice period at the time of issue of appointment letter to me.
on 7th sept 2023, that organization told me to resign job, I resigned & willing to join another firm. due to my family issues & humanity , i request them to relieve me with in 1 month. first they mutually agreed to relieve with in 1 month. but now they refused their words and now forced me to serve 3 months notice.
another side, new firm offer to join duties with in 1 month.

Please advice what can I do?

From India
vmlakshminarayanan
919

Hi,

Why Employer asked to you resign ?

When Employee resign on his own he/she need to serve proper notice period. But if Employer wanted the Employee to resign either he need to pay in lieu of notice period or allow employee to serve period but cannot insist for notice. You can talk to your HR and explain resignation is not your choice and you were compelled to resign by them.

From India, Madras
raghunath_bv
149

Dear Puneet,

Given the situation you described, here are some steps you might consider:

Review Your Employment Contract:
Look over your employment contract to understand the terms and conditions, especially regarding notice period and any provisions related to early termination.

Communicate:
Have a frank and respectful conversation with your current employer. Explain your family issues and the situation with the new job. Express your willingness to work out a mutually agreeable solution.

Seek Written Confirmation:
If they initially agreed to a one-month notice period, try to get this in writing. This can be important evidence if you need to escalate the matter.

Negotiate:
If they are unwilling to agree to a one-month notice period, try to negotiate a compromise. Perhaps you could offer to help with the transition, or find a replacement if possible.

Consider Your Priorities:
Assess the importance of starting your new job versus maintaining a good relationship with your current employer. Balancing these priorities may influence your next steps.

Consult a Lawyer having knowledge of Labour Laws:
If you're not able to reach an agreement, consulting with an employment lawyer might be advisable. They can provide legal advice based on the specifics of your situation and jurisdiction.

Document Everything:
Keep records of all communication with your current employer, including emails, messages, and any written agreements.

Notify the New Employer:
Keep your new employer informed about the situation. They might be able to offer advice or support.

Therefore, it's essential to approach this situation professionally and diplomatically. Try to find an amicable solution that works for both parties. If a resolution can't be reached, seeking legal advice becomes more crucial.

Thanks

From India, Bangalore
NK SUNDARAM
578

The present day HR generation, am very sorry to say, do not know the rules or policies. Am somebody who advocates flexible policies like probationary period, pro-rata to the number of years of experience, inversely proportional. Similarly, notice period should be flexible. HR should be empathetic as well. Once you issue a resignation acceptance letter with strict enforcement of notice period, the concerned employee will be a burden to the organisation in more than one way. You cannot get quality work from him. He will be treated as an unwanted person and looked down by his own team members, colleagues. He may even disturb the other people or even brain wash them to leave the company along with him. All these things are detrimental to the peace and tranquility (if any) of the working environment, and it may turn toxic soon. A person on notice period will be anxious to get relieved and it is better to relieve him and get a replacement sooner than later. HR people should never have the habit of throwing the rulebook at the people, as one day the same book may bounce on them, when the time comes ! Be flexible and Be empathetic, rule from the heart!
Best wishes

From India
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