Early Release From Company - New Joinee

emmy
Dear All,

This is the case where an employee wants an early release.

Company has 45 days of notice period. Employee is requesting to get relived before completion of full notice period. Employee is ready to serve maximum 30 days and is ready to pay off the rest 15 days but as per discussion with Head HR it is management discretion to accept the pay off request and wants the employee to serve full notice period and work full heartedly and said that otherwise in his/her experience letter problem can arise.

In this case how should an employee react for an early release.

what all things will help the employee to get released.

He has got an offer from the next company and the joining date is within 30 days from now and the next company is ready to buy out the notice period but is interested in joining within 30days because the manager would leave to US on long-term and wants to spend sometime with the new joinee. Please help how he/she can look forward in this case.

The clause mention in the appointment letter is as below

: Either the employee or the company may terminate this agreement at any time by giving the other party written notice at least 45 calendar days in advance of the Party’s intent to terminate the agreement. On the notice being served on the company the company at its discretion may relieve the employee without completion of the notice period; The company shall be entitled to pay salary in lieu of the notice to the employee in the event of termination of the employment by the company. Not fulfilling the notice period conditions would mean that the employer may at its discretion initiate legal proceedings against the delinquent employee
pon1965
My opinion:
If the employee decided to part, release him as early as possible. You can not expect from him any desired output but instead a liability.
Regards
R.Ponraj
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