Navigating Notice Period Challenges and Resignation Process

Hi,

I am working in an IT MNC in Chennai, India, and I have received a very good offer from a US MNC. The offer requires me to join in a month's time, but I have a notice period of 3 months with my current employer. My current employer insists that I serve the entire notice period, and I have already completed 2 months of the notice. Unfortunately, buying out the notice period is not an option in my current company. I only have 20 days left to keep my offer valid.

I have tried negotiating with my current employer to allow me to leave sooner, but it has been unsuccessful. The company that has offered me the new position is also unable to wait an additional 23 days for my notice period to be completed.

Please suggest a way for me to resolve this problem!

Thank you!

Dear friend,

Please advise me on what is mentioned in your appointment letter regarding the Termination/Resignation Clause. If you have any Company Policy that should have been available to you, please check what clause is mentioned therein. Check with your HR to see what norms they follow in such cases.

Most companies face issues when an employee wants to leave without serving their notice period. In such cases, managers may have difficulty in finding a replacement or obtaining handovers in a short span of time, depending on the nature of the job.

Ideally, you can utilize your leave in serving the notice period. Moreover, if the management deems fit, it can deduct the shortfall of the notice period from your full and final settlement. Again, it depends on the management whether to deduct or waive off the notice period.

I have tried to explain the options available, however, it ultimately depends on what your company follows as an exit process.

Best regards,
Anjali

Hi,

To the best of my knowledge, if an employee signs a contract with any employer, there is an option, i.e., either to serve the notice period or forgo the salary for that month. Is there only a three-month notice period in your case?

Regards,
Chaitali

In my present company, the option of paying the salary and leaving is ruled out. They want the employees to serve the company compulsorily for a 3-month notice period. When we signed the offer letter, this was stated as follows: employees are free to leave the company after serving a 3-month notice or salary, whichever is the management's decision. It is very unfortunate that all of us are forced to stay for 3 months, which causes us to lose many job offers as no company is willing to wait for 3 months for an employee to join.

This is not at all fair. You should take necessary actions for this. The company cannot make this kind of compulsion. If there are some more cases like yours, get united and take necessary steps.

Regards,
Chaitali

Please mention the appointment letter clause clearly (word to word).

They cannot force an employee to compulsorily serve a 3-month notice period. There may be cases where employees have not served the full 3-month notice period. What does the company do about such cases? Find out from your HR.

Regards,
Anjali