Resigned From Organization Want To Move Out Before Completion Of Notice Period.

Hi,

I have resigned from my organization. I have a 2-month notice period, but I want to leave within 16 days. However, my manager insists that I complete the full 2 months, even if I am willing to pay for the notice period. Can you please advise me on the best approach in this situation?

Warm Regards,
Dhiraj Karmalkar

First of all, why are you leaving your current job? Please explain. If you have better opportunities than your current job, try to convince your manager in a better way.

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I have tried explaining to him in a better way, but I feel he is interpreting it differently. I mean, the three of us are joining the new job from the same company, although we resigned at different points in time.

I have tried everything to make him understand, but he insists on competing with the work assigned to him. This task is something that cannot be completed in the next six months!

HR has informed me that if you leave without the manager's permission, they will not provide me with a relieving letter and an experience letter.

Regards,
Dhiraj

Hello Dhiraj,

Frankly, I think you just thought about YOURSELF [maybe 'selfish' or 'self-centered' is the word for it] — NOT about the company you worked for so long [whatever the duration]. Else, you would have definitely thought about the facts you mentioned [3 since you joined the company] and how it would AFFECT your present company's IMMEDIATE activities. You would have factored this aspect into your calculations when you gave your acceptance. Take it from me, Dhiraj — unknowingly, you would have conveyed the impression to the HR of the new company that if he can do this to his present company, he can as well do it here too. Just think of putting yourself in their shoes.

Please note that I am NOT saying that one shouldn't change jobs — but more about 'how' to handle the change.

I am not sure if Smita's suggestion would work — not all companies have a Notice Period Payment clause. If your offer has it — please go ahead and implement her advice. But also go through the fine print. Most likely, the immediate boss's clearance would also be one factor for relieving — in addition to the notice-period payment.

I can see only 3 options: [1] Talk to the new company and get some extension for joining. [2] Forego this opportunity and keep in mind ALL possible possibilities in getting relieved while you hunt around again. [3] Forget about this experience letter — if acceptable to your new company [but please note you will be foregoing a reference for all time to come].

Think carefully and then decide.

Regards,

TS

Hi Dhiraj Karmalkar,

Thanks Smita and TS,

I can understand the concern, TS, but the point is if I have to be very generous towards the company, then there should be any valid point:

1. I worked with this organization for 2 years. Out of that, I was out of my base location for 1 year and 10 months and didn't receive any compensation in turn.

2. In these 2 years, I have not taken even a single day off.

3. I worked for almost 18 hours on some days.

4. My wife was unwell and hospitalized, and still, I didn't get leave. I used to work the whole day and spend the night in the hospital.

5. In some projects, I have spent money from my own pocket, and the amount is substantial.

6. After enduring all this, if I receive the worst appraisal, then I don't think anyone from the industry will think positively about the organization.

7. The work assigned to me is supposed to last 6 months, which will not finish within the 2 months of my notice period. There are legal complications with the party from whom the software was bought, which is hindering my work. My manager is aware of this.

8. I suggested a solution where there are idle resources in different parts of the country to whom I can provide training instead of them sitting idle.

9. I have offered to pay against the notice period.

10. There is a note in my appointment letter stating that both parties can pay against the notice period, and the employee can leave before 2 months if the manager approves it.

Now tell me.

Thanks and Warm Regards,
Dhiraj Karmalkar

Now, you suggest to me. What would you have.

Hi,

There is one solution for you; try to request your new company to extend the date of joining for a few days. Explain that you have not yet finished your project and have not handed over the work profile to your colleagues. If your new company grants permission, make an effort to complete the project and work within the specified time limit.

Dear Dhiraj,

As suggested by others, try to explain to the new company that you would like to complete the task on hand so as not to put the present employers in trouble. Also, mention that you will join them as soon as the employers find someone to take over from you. This way, you will be able to impress upon them that you are responsible and have some ethics. In the meantime, write to Madhu T K at CiteHr by sending a copy of the relevant clause from your appointment or acceptance letter.

Have a nice day.

Simhan
A retired academic in the UK

Hi Dhiraj,

I think you should have clearly communicated to your prospective employer about your 2 months' notice period. If they are okay with an extension of the joining date, then there should not be any problem. Just serve your mandatory notice period and leave your organization on a happy note.

Thanks,
Santosh

Hello Dhiraj,

Look what a difference it makes when you put across the full and complete facts while requesting advice or suggestions. You have a very valid point and a case to quit. But I still would say this: you could have handled it better—since it's been your experience that they did take advantage of you, you should have sort of expected their response if you resign. Based on what you mentioned, your boss will not give his OK for the notice period payback.

Since you worked in this company for 2 years—which experience isn't something one can ignore—I think you have 2 options:

1. Try to talk to the new company if they can wait for 2 months. If not, let go of it. But keep looking for new openings where the joining time can be 4-6 weeks. All the while let the clock keep ticking here—meaning don't take your resignation back. To an extent, this will need some self-confidence in your caliber and faith in HIM too :-) that you will definitely get another job. Given the present post-recession market scenario, it may not be difficult—but it also depends on your confidence level.

2. Use this to get a better deal (salary-wise or designation-wise) with your present company. If it's an IT company, it may not be difficult. And use the extended stay to gain more experience and then make your move after a few months, with better planning. (I did this way back in 1985 when I was in a similar situation in my first job—hence I know this can work too).

Regards,
TS

Hi,

As per the terms of your appointment letter, the organization will have to relieve you as per your requirement if you are willing to pay the company in lieu of the notice period. While it is commonly mentioned that your manager needs to agree to release you, the fact of the matter is that the employee also has the right to terminate the employment relationship by paying in lieu of the notice period. This stand has been checked with our legal consultant. I would advise you to drop a polite email mentioning that you are willing to pay towards notice pay and that you would want your relieving letter to be provided to you as per the terms of your appointment letter. An employee can go to the labor court in case this is not provided to him after paying towards notice pay.

Regards,
Minia

Work is freely given and freely taken. Your manager cannot force you to work if you don't want to. He can only try to understand why you wish to leave and see if he can address your concerns to your satisfaction. If you are not willing to stay, your performance will likely be affected. It's important to discuss this with him and make him realize that forcing you to stay goes against your will and could lead to issues.

Dear Dhiraj,

I don't think your manager is justified in refusing you to move out. This is because employment is freely given and freely taken. You cannot be forced to remain in employment which you do not want. If your manager wants you to stay, he can only do so by finding out your reason for leaving, and if it is something he can offer a solution to, then he should do it. Refusing to let you go is forced labor, which is wrong. What he needs to understand is that forcing you to stay will be a loss to the company because your performance will be affected negatively as your heart is no longer in this job.

Regards,
Priscilla

Dear Dheeraj,

If you are paying the notice period, then the company should not have any option; they have to provide your relieving letter. If they still don't give it to you, you can consult with your new company's HR. They will talk to them because this type of situation happened to one of my friends.