Stuck in a Job: How Can I Leave My Current Company Without Losing a New Offer?

Hi all,

I need help regarding my relieving in my present company. I joined the company 3 months ago, and they provided training to me. I didn't like the rules and regulations, and I want to pursue a better offer at a good MNC. However, the present company's HR is not willing to relieve me, insisting that I need to serve a 3-month notice period and repay 3 months' salary.

In the offer letter, it is stated that I need to pay 3 months' salary and serve a 1-month notice. However, they are now informing me that I must pay 3 months' salary and stay for 3 months. Unfortunately, my new offer will expire in one month.

Please assist me with the above situation.

Thank you,
Sriram.

Dear Sriram,

I think in the appointment letter clause that's mentioned above, it's clearly stated that you should serve the company a three-month notice, or if you want to leave immediately, you should give them three months' pay. So, I think it's better for you to provide them with three months' notice and obtain a proper release from your current position before joining a new organization.

Thank you, Nisha and Ravi.

Actually, they want to trouble me by insisting on a 3-month notice pay and 3-month stay in the company. I have already submitted my old payslips and documents to the new company. Therefore, I need to obtain the clearance from my current company. Even though the offer letter states a 3-month pay and 1-month stay requirement, the company's HR personnel, including the Head, are not adhering to the terms outlined in the offer letter.

I am still unsure about what steps to take. Can I take any legal action against them based on the offer letter provided?

Hi Sriram,

A legal case really won't work out because it's just a waste of time and money. The judgment process also takes a lot of time. It's better if you inform the company that you are planning to join and that it's not possible to submit the revealing letter. You can show your resignation letter as proof that you are no longer working with that company.

"What is 'NASSCOM'? HR people are telling me that US clients are going to file a case against NASSCOM, which might affect my job prospects. I work for an Indian company, and the client is based in the US. I have not signed any documents related to the client company. The client claims to have provided three months of training, and that's why they are considering legal action. My question is, how can the client file a case against me when I have not signed anything with their company?"

Dear Sriram,

It's not fair to leave the company without proper notice. What the company is claiming is exactly right. It's not fair to violate the norms from your part. Rather than going for all such nuisances, it's better to request and convince them and serve for a couple of days as per mutual understanding and get relieved properly by paying the notice period amount.

Regards,
Sunil Sundar

Hi Sunil,

Thank you very much for your reply. I am prepared to pay the money, but they are causing issues for me. I am following the instructions in the offer letter, but they are not complying and mentioning a case involving "NASSCOM." There is no problem from my side to stay for 1 month as per the offer letter. However, they are requesting a 3-month stay and 3 months' pay. If I agree to this, I will have to forego all my other offers. Therefore, I am still unsure about what to do.

Please provide me with a response, as I am unsure if I am doing anything wrong on my end.

Thanks,
~sriram

Dear Sriram,

As per the clause stated in your offer letter, it has been clearly mentioned that you are required to give a 03-month notice, to which you have agreed and signed.

FYI: HR Managers will not act harshly unless it significantly impacts the ongoing project. It is advisable that you personally approach your manager. The outcome will predominantly rely on the attitude you have demonstrated over the past 03 months.

Think smart, act wisely, and exercise patience.

Regards, Sunil Sundar
+91-9902580922
Bangalore

Please note before jumping to conclusions or taking any new steps, kindly discuss the issue with your new employer and take suggestions from them as they are the ones hiring you. Also, ask them if they can hire you without the relieving certificate. You are not a bonded labor; as such, the company cannot take legal action provided you give them sufficient notice in advance, say 15 days to 1 month, and move on.

Dear Sriram,

Make sure:

a. What is written in the contract exactly? (Normally it would be a 3-month notice period OR 3 months' salary).

b. Is the next offer worth it or not?

c. Does the next employer know that you are leaving your present employer within 3 months, and do they not care about it? (Or did you not show your present employment details in your CV, which was selected by the next employer?).

Anyway, leave your present employer with all due respect. Talk to the concerned in a very diplomatic manner and resolve it.

You should pay the notice period.

If we see things from the present employer's view: You are leaving them after receiving all necessary training, and that too within ONLY 3 months. If you were in GCC, you would have been banned for a minimum of one year from the country!

Discuss the matter with your new employer. Act as if you are following their advice. If things get complicated with your previous employer, there will be someone beside you for support.

"Life is change. Growth is optional. Choose wisely!" I didn't say this, Karen K Clark said.

"No matter how much time you've wasted in the past, you still have an entire tomorrow. Success depends upon using it wisely by planning and setting priorities," Denis Waitley added.

Best wishes in your career future.

M Sadique

8-)

The best thing you can do is to get the resignation acceptance from them, stating your Date of Joining (DOJ) and Date of Leaving (DOL). There are terms if you are a confirmed employee; only then you need to serve such a long notice period. If you are not, just don't bother - nothing can go wrong from your side.

@M Sadique:

Actually, they have written that it is 3 months' pay and 1 month's notice. However, they are not following the offer letter. In the same company, one of my friends resigned, and the HR department provided a resignation acceptance letter with a lower salary than the current one and decreased the level within the organization. This situation makes me worried that they might do the same to me. If that happens, I will have to forgo the new offer because I have already informed the new employer of my current situation.

I have tried to explain the whole scenario to the new company, but they insist that I must present a proper resignation acceptance letter before allowing me to join.

Hi,

You can pay the 2-month notice salary to your current employer and work for only one month. This action will serve the purpose of a three-month notice. Cooperate with your employer during the transition process, and then they will have to release you.

Thanks,
Sunil

Dear,

If the clause in your appointment letter states that you have to stay back for 3 months for the completion of the notice period, then there is no other option but to serve the organization for 3 months. However, if I am not wrong, you have only joined the present organization 3 months ago, and you should be on probation for 6 months as per company rules. In the probation period, there is no notice period, kindly check.

If there is any clause, then you are left with only 2 options:

1) Either abscond without a relieving letter
2) Talk to your manager in a very polite manner to kindly consider your application for relieving.

If you still have any doubts, you can call me (after 6 pm) on 9909001742.

Regards,

Abhijeet Sawant

Hi,

I read the terms and conditions of your current employer, and it seems they can definitely ask you to repay the amount back to the company and serve a 3-month notice period.

I understand that you are in a trap now, and all you can do is consult a good corporate lawyer and also check the amount you spent for the lawyer or 3 months' salary back to the company. You can take it as a lesson, so that next time you read the employment terms and then sign the acknowledgment.

Hi,

You type of people deserve this kind of treatment. You yourself accept that they have given three months of training. Nowadays, it has become so common and an indecent way of behaving, such as to get relieved immediately once the resignation letter is given. When you respect the rule that the offer will expire in one month, the same way you have to accept a three-month notice period also. An appointment order is like an agreement, and you have to abide by the same. You don't know how much the company would have invested in you. You kind of people don't care about anything except your self-interests. You have to respect management interests also.

(Please do not assume that I am a management person; I am also an employee of a company but think from the shoes of management also.)

Regards, R. Govindarajan

All the best, dude. You're going through a tough time. Though I don't have any suggestions, I agree with the one given: talk to your new employer about the same. They are the best people to help you decide how to move ahead. Take care.

Princy

To be very frank, if an employee has spent some money on you to provide training, then you must repay it. However, there is no such thing as forced employment. Bonded labor is against Indian rules and regulations. Training means proper training where you learn something new. It generally happens in IT. If there is nothing of this sort, then it's a bluff. Get into a good company managed by IIM people; you won't have this kind of problem.

Dear all,

In the ongoing discussion, my comments are to adhere to the terms and conditions of the Appointment letter that both you (employee) and the employer have agreed upon and signed. No one can alter these terms and conditions without your consent. Please proceed in accordance with the terms and conditions stated in the appointment letter. Submit three months' pay and serve a one-month notice period. On your last day of work, address a letter (either by hand or via Registered post) stating that as per the terms and conditions of the appointment letter, I have paid three months' salary and served one month's notice. It is at your discretion whether you choose to release me or not. The HR Department is also obligated to adhere to the legalities outlined in the appointment letter.

Thanks and regards,
SHISH RAM UNIYAL :icon7:

Hi,

It looks like the current employer is cool. They are just talking about what is there on the appointment letter.

Supposing I'm the CEO who is very rude, can demand the training fee (in lakhs, of course) along with 3 months' notice period pay, and if not issued, a termination letter? (after collecting 3 months' pay)

The best bet is to leave and join the present organization without further delay. Ironically, how can you get an 'experience letter/relieving letter' within your probation period? If so, the term 'probation' should not exist.

Regards,
Velu

Hi Sririam,

Please look at your offer letter once again. It would be mentioned as a 3-month notice period or 3 months' salary. Usually, the first three months are treated as a training period in an organization, or it is considered a probation period during which an employer can terminate you from the job if they are not satisfied with your performance.

In your case, three months of experience won't be considered anywhere. You can talk to the HR Manager or your immediate boss and tell them in person that you want to leave the company. If your immediate boss accepts the resignation and allows you to be relieved at the earliest, then no one can stop you, as paying a person is not that easy for an organization for the next three months. If you are least bothered about this company, then you can also abscond. But next time, if you are planning to join this organization, then you may have to pay a certain amount before you can join.

(If I am wrong, please correct me.)

Regards,
Tinoy