How Do I Handle a Notice Period Conflict Without Losing a New Job Opportunity?

Hi Seniors,

I have resigned from my current organization since I got a very good opportunity in another company. My current organization wants me to serve a 60-day notice period, which is not possible for me as the other company has given me only 30 days. However, I resigned by giving a 40-day notice period as I have 20 days of leave balance, making the total notice period 60 days.

Now, I have received an email from the new company to confirm the joining date. I am not sure what to answer. I don't want to miss this opportunity. If some senior could guide me on this, it would be a great help.

My current organization is also saying that they would terminate me if I do not serve the 60-day notice period. Is it possible? I do not have much idea about it and need guidance from your end. Please suggest.

Hi,

If you have a 60-day notice period, it is advisable to serve the full notice period for a smooth exit from the organization. Whether balanced leave is included in the notice period will depend on your organization's policy.

I suggest you speak with HR and request to be relieved, assuring them that you will clear all dues. If they do not agree, then please communicate with the HR of your new organization, explaining your situation and asking for more time to join. Considering they have already waited for you for 40 days, waiting for an additional 20 days should not be an issue.

Never burn the bridge you may need to cross again in the future.

For more information: [White Eagle: Notice Period](http://kuldeeprathore.blogspot.com/2009/08/notice-period.html) [White Eagle: Legal Aspects for Notice Pay](http://kuldeeprathore.blogspot.com/2009/08/legal-aspect-for-notice-pay.html)

Check your contract for the buying notice period option. Ask HR if you can buy out the notice period.

If it's possible, then check with HR what the notice period amount would be and let the new company know that you can join earlier provided they buy your notice period. This will help you get relieved early without any financial implications.

Also, no company can force you to serve the notice period. If 60 days are mentioned in the offer letter, that is the maximum number of days that you would be required to serve. However, if you have a good relationship with your supervisor, let him know that you have health problems or family issues, hence you can't serve 60 days and want his/her help to get relieved early.

It works!! If you take leave and sit at home, they will be forced to relieve you.

Secondly, if you don't serve the notice period, ask your new organization if they will accept a RESIGNATION ACCEPTANCE LETTER. If yes, on the formal email that you would have sent to your supervisor for resignation, take a print of it and get it signed by your supervisor or HR. Even if he/she has responded on email, that is sufficient as a resignation acceptance letter. In that case, you can serve 30-40 days, whatever is agreed between you and your supervisor, and then join the new place with the letter.

Final settlement and relieving letter anyhow take 30-40 days to process for any company.

Regards, Priyanka

Hi,

I am working in an IT MNC as a Manager, and as per the company's policy, the notice period is 90 days. I have resigned and stated in my resignation that I am serving a notice period of 90 days. I have no intention to reduce my notice period or leave the company during my notice period.

My Supervisor has threatened me that he will blacklist me if I do not retract my resignation. Secondly, he is now forcing me to do tasks and said that he will not relieve me until I finish that task.

Now my question is: can the present company go beyond the 90-day notice period? What if I do not receive a relieving letter even after serving my notice period?

Regards,
Prosenjit

Hi Prosenjit,

Ideally, your supervisor should not threaten you as it's against the law. There is no bond as per Indian labor laws. However, if your offer letter states 90 days, then there would be an option to buy out the notice period too. Also, if you are incapable of serving the notice period, your supervisor or the company cannot force you to serve the notice period. However, they can recover the notice pay amount from you in the final settlement. You could give medical reasons and provide them with a medical certificate that you are physically unfit to work for x number of days. They will be forced to relieve you.

Since your contract says 90 days, they cannot extend your relieving date beyond 90 days counting from the day you emailed or communicated your resignation to your supervisor. If they do, you can take legal action. Keep a copy of the email or formal communication handy. They will have to give you the relieving letter on your last working day. They cannot hold it beyond 90 days. However, your full and final settlement may not be given to you on the last working day. It usually comes in a month's time after you resign. Also, if you have leave balance, you can adjust it by reducing your notice period days.

Regards,
Priyanka

Hi Priyanka,

Thank you so much for your suggestion and advice!

I have one more question regarding the resignation from my current organization, which I have already submitted to the HR system. I have received a copy of the resignation but have not yet received the resignation acceptance letter. Could you please advise if the copy of the resignation can be used as a tool to request an extension of my notice period?

Regards,
Sanjay

Hi Sanjay,

You must have also sent an email to your manager informing about your resignation and info being submitted in the HR System. If so, then the reply to your email can be kept as a resignation acceptance letter. I am sure your manager would have replied with notice period or last relieving date in the email. For such emails, the turnaround time is about 24-48 hours.

The organization will start calculating your notice period from the date the resignation is entered in the HR system and not the date you emailed. For example: if on 1st April you sent an email to your manager and on 3rd April you initiated the process in the HR System, then your resignation date will be considered as 3rd April and not 1st April.

In case you did not send an email to your manager, then you can do that now too. Just make a reference to the date you initiated the exit process on the HR system in the email and ask if the notice period can be reduced, given you have xx number of days in leave balance. Also, mention the reason for leaving as personal, health, or something similar. Request an early relieving date along with the number of days as the notice period to be served. Also, mention that you are working on your handover document and in case this needs to be handed over to someone in the team, do let me know. This way, you will get a sure reply from your manager. Take a print of the email response received along with the chain email of your resignation. This can be treated as a resignation acceptance letter, and even if you do not get a relieving letter, this will be sufficient. On the last day, you can go to HR and ask them to give you a relieving letter. They will provide it to you or tell you a time frame in which it can be collected.

Regards,
Priyanka

Hi Priyanka,

I have sent an email to my manager and also submitted the information in the HR system, specifying my relieving date as XX/XX/XXXX. I received an automated email from the HR system confirming my resignation and the date of relieving. Three weeks later, I followed up with my manager via email to confirm the relieving date. He then collected my laptop, directed the IT team to provide me with a desktop, and instructed my colleague to share the Knowledge Transfer (KT) documents and timeline with me. My colleague sent these documents to me and the individuals taking over my responsibilities, with him being in CC.

During a department visit, my manager publicly emphasized the need to conduct the KT process slowly and suggested keeping me idle for two months. I seek your advice on whether this series of actions can be considered as acceptance of my resignation letter.

Thank you.

Hi,

I am already serving a notice period of 90 days in my current company, and according to the HR system, my last day is scheduled for the 13th of June 2011. However, my manager has not yet approved my resignation, and the HR executive has mentioned that they cannot issue a relieving letter until my manager gives the approval.

I have sent multiple emails to my manager requesting approval of the resignation, but unfortunately, he has not responded to any of them. I have also completed the knowledge transfer as per the format provided by my manager.

I would appreciate your advice on what options are available to me and what steps I should take next.

Regards,
Prosenjit