Hello,
The situation is pretty straight forward and simple though it does not suit at the moment.
Based on necessary information provided by you it not possible to get relieved before three months UNLESS the employer decides to do so! In this case the employer has decided against relieving you earlier that the due notice period and the employer has this arbitrary right to do so. In the contract of employment you have agreed to this term and now it is NOT possible for right for you to question it.
In a way you are stuck by the provisions of an agreement that you are a party to, even if the agreement is unfair in your perception NOW!
Your joining the new job BEFORE expiry of the NOTICE oeriod in the present job is unlikely to work out in your own interests. Kindly note the following:
- The new employer may ask you to produce RELIEVING letter from the OLD employer. Usually the receiving employers do ask for this! If you are unable to do so, you may not be allowed to join.
- It is not NOT right to agree to some terms when you want and disown later.
There is just a possibility that you persuade the present to relieve you earlier in addition to the efforts already made by you and get relieved early. Make personal visit/s (by appointment) and state your case.
Alternatively, request the new employer to not insist upon RELIEVING letter and join. If they agree, your need is met! They can elect to NOT insist upon such a letter because they are recruiting you for your competence and not for compliance with this rule! The rule is good, breaking it is bad, yet the companies may choose to make an exception in their enlightened self interests.
But if you are contemplating to proceed at law, shun the idea. It will be a wast of time and valuable resource and is unlikely to give you any relief.
Trust the perspectives on possibilities are clear.
Regards
samvedan
November 24, 2010
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