Resigning After Just 15 Days: How to Handle a 3-Month Notice Period in Mumbai?

miqdadali
I am working in a Mumbai company. They have a copy of my offer letter that I have signed, and it includes a 3-month notice period for leaving; otherwise, I am required to pay 3 months' salary. However, I need to resign from this company. Until now, I have only worked here for 15 days.
tajsateesh
Any suggestions will be more meaningful and realistic if you provide the full details of the circumstances or reasons for your decision, especially considering you have only been with the company for 15 days.

Regards,
TS
Virendra pathar
Please confirm first whether you are on probation or not. As per the rules, a 15-day notice period is sufficient to resign.

Regards,
Virendra
somnathno1
First, carefully read your appointment order. Then, start looking for a new job before resigning from your current company.

Thank you.
archnahr
Please mention the reasons for leaving the job in just 15 days, as TS suggested. It will help us provide better suggestions. Also, I feel that during probation (if you have one in the company), the notice period would be less than 3 months. Though it is not mandatory, most companies have such policies. Please refer to the contract of employment in detail.

Regards,
pon1965
Generally, a 3-month notice period is required for experienced professionals, and many organizations do not impose a probation period for such personnel. Why did you join there? Did you receive any better offers during the interim?

Regards,
Pon
sandeep.pathania
Please note that it's not ethical and professional to leave your current job within such a short period of employment. This could reflect poorly on your CV and may not give a good impression to your future employer. However, please provide us with the following information so that we can offer you guidance:

1. Clauses regarding termination or resignation in your offer letter and appointment letter.
2. Details about your probation period.
3. Reasons for leaving the company after such a short tenure.
4. Information on any expenses incurred by the company during your recruitment process.

Regards,
Sandeep Parthania
Swapnesh Kini
If you have a good opportunity, then leave the job. If it is possible for you to wait for another 15 days, then take one month's salary and leave.
saswatabanerjee
That is very unethical advice. Do you think it's a good idea to take the salary and vanish without notice or information the next day? It's a small world, and you will likely encounter the same people elsewhere. Even if you can't provide a full notice period, you should at least give as much time as possible for the company to find a replacement.
chandrakambam
Leaving the current company is a personal decision, and there might be many factors that have influenced this choice. Let's set aside the reasons for leaving the company.

Suggestions for Transitioning to a New Company

1. Ensure that the new company you are joining is reliable and that you have a good role to play there.
2. Discuss your challenges in continuing with the current company with HR.
3. Be prepared to forfeit salary for the notice period.
4. Suggest referrals to your HR if you know any.
5. Stay at least for one month. Meanwhile, convince the new company about the delay in joining.

ALL THE BEST... Hope you will serve a long period in your new company :)
miqdadali
Hi friends, thank you for your reply. This is the offer letter I have received from them:

Subject: Offer Letter for the Post of CakePHP Developer

With reference to your application and subsequent interviews, we are pleased to offer you the position of CakePHP Developer at [B][\/B]* with a salary of [B][\/B]*\/- PA. You can be absorbed by the company after 6 months based on your performance. You are not allowed to take any time off without prior approval from your project manager. You must serve a 90-day notice or pay 3 months' salary in lieu of notice.

Please sign the duplicate copy of this letter as a token of your acceptance.

I accept the above offer.

My signature

After joining, I received this offer letter. They did not specify how much leave I can take each year or the working hours. When I inquired with HR about leave and working hours, I learned that the working hours are from 9:30 to 6:30 (Monday to Saturday), and I am entitled to 9 casual leave and 5 sick leave, but those are only allowed after 1 year. Additionally, the atmosphere at the company is not good. It is very strict, almost like a high school, as I am required to submit my mobile phone to HR upon entering the office.

Due to these reasons, I feel the need to resign from here. What can I do?
miqdadali
Hi madam, Thank you for your reply.

This is the offer letter I have received from them:

Date: ***

To,

Mr. Miqdad Ali K

***

Subject: Offer letter for the post of CakePHP Developer

With reference to your application and subsequent interviews, we take pleasure in offering you the position of CakePHP Developer from *** at a salary of *** PA. You can be absorbed by the company on completion of 6 months based on your performance. You cannot take any time off without prior approval from your project manager. You are required to serve a 90-day notice period or pay 3 months' salary in lieu thereof.

Please sign the duplicate copy of this letter as a token of your acceptance.

I accept the above offer.

My signature

After joining, I received this offer letter. They did not specify how much leave I can take each year and the working hours. I then asked HR about leave and working hours.

The working hours are from 9:30 to 6:30 (Monday to Saturday), and the leave entitlement is 9 casual leave and 5 sick leave, but that's allowed only after 1 year. Additionally, the atmosphere of that company is not good. It's very strict, like a primary school. Upon entering the office, I am required to submit my mobile phone to HR as well.

So, I need to resign from here. What can I do?
ssdhoom@rediffmail.com
If you have already signed an appointment letter regarding a 3-month notice period, you should not even think of joining a new organization without giving the notice period as per your company's policy.

Regards,
Sayeed
saswatabanerjee
Interesting. You want to resign because the company insists on discipline, or because they are giving leave as per government rules? Are you expecting the company to be lenient and easy-going?

The leave rules are correct. No one is giving you leave from the day you join. Leave accumulates in your account at the end of one year. You can use them in the next year.

Furthermore, all companies I know have the rule that you cannot take leave without the approval of the project leader or your supervisor. I hope you realize you are not at a worker level in a factory environment. Your attitude, at least on this, seems that you need LP monitoring.

As for mobiles, many companies have the rule of shutting down mobiles. Many MNCs and BPOs working on sensitive data do not allow mobiles as it can lead to data theft. Other companies do it to avoid disturbance and time wastage. I don't see why it should be a problem. In an emergency, your family can call you on the office number. Friends should be calling you only after office hours.

neelkann
The advice given is not correct. It seems like he is not seeking ideas on how to cheat or engage in actions that could have negative consequences in the future. If the person who posted the query has a better offer or is feeling uncomfortable in their current role, they should communicate with their supervisor/HR and explain the situation that is prompting them to consider resigning.
tajsateesh
Please go through every word of saswatabanerjee's posting in this thread—it echoes what I understood about your situation and PoA. Frankly, I think you have your career priorities all confused and mixed up. If you look for 'convenient' ways in your career at this stage, you are bound to face trouble when you need to perform—not as per your standards, but as per the company's standards where you happen to work at any point later in your career.

There's a saying in Hindi: 'zindagi mein kuch paana hai toh, kuch khona hai,' which in English is equivalent to: 'there's nothing called a free lunch in life.'

It is up to you to decide what to aim for and then be prepared to forego what is needed to achieve that aim. If you aren't ready to forego what is needed to achieve the aim you set for yourself, then change your aims—there's no other way out in life.

If you don't want to change your aims but still don't want to forego what is needed to achieve the aims, in all probability, you will end up adopting shortcuts and devious means. What you mentioned or suggested in this thread is just equivalent to LKG, no pun intended. Don't blame others or situations for what comes about then.

Regards,
TS
miqdadali
Thank you to all my friends for giving suggestions. I am not comfortable with this company. I am only 20 years old, and I feel like my mindset is that of a college student. I believe the atmosphere in this company will negatively affect my mental well-being, and perhaps, after 2 or 3 months, I may find myself in a mental hospital.

Therefore, I need to know if it is possible for me to resign from this company early. I have shared a copy of my offer letter in my previous reply. I possess the original copy of the offer letter, while the company holds a photocopy. Please advise me on this matter.
miqdadali
Thanks to all my friends for the suggestions. I am not comfortable with this company. I am only 20 years old, and I think that because of my age, my mindset is similar to that of a college student. I believe that the atmosphere in this company will negatively affect my mental well-being, and maybe in 2 or 3 months, I will find myself in a mental hospital.

Therefore, I would like to inquire whether I can resign from this company early. I have shared a copy of my offer letter in a previous reply; I have the original offer letter in my possession, while the company has a photocopy.

Please respond to me.

Regards
tajsateesh
It's for the very reason you mentioned—age being 20 years—that you are being asked to LEARN rather than stick to your 'college days attitude'. If at the age of 20 years, you WANT TO TAKE REST, then I guess at least 90% of the members of CiteHR will already have been retired—going by your benchmark.

Looks like your life so far has been more of a happy-go-lucky case. That's all I can say. When you decide to take up another job after some time, how do you plan to explain this gap? And also, do you think living off your parents even after passing out from college is the right thing for you to do?

Also, with regard to your query: "......I need to know whether I can resign from this company early.....", please note that NO ONE can force you to stay, in this company or in any other company. But what all the members were trying to highlight to you was ABOUT THE CONSEQUENCES of such an action. Please remember that EVERY ACTION HAS A CONSEQUENCE. And you have to be ready to face them.

Also, please clarify/confirm if you have informed your parents/elders of this decision of yours. What was/is their response?

Regards,
TS
miqdadali
Thank you for your response. I would like to resign from this company without facing any consequences. I plan to submit my resignation letter after completing one month. I am unsure of how they will react, and I wish to avoid creating any enmity. Is there a way for me to resign without facing any consequences?
tajsateesh
I am surprised by your query. KINDLY REMEMBER THAT THERE IS NO ACTION WITHOUT A CONSEQUENCE. And when I say this, it doesn't necessarily mean 'negative/unpleasant' consequences. It can also be 'positive/pleasant' consequences. One can't have the cake and eat it too.

The only suggestion I can give now is to talk to your HR and act accordingly. Maybe they will understand your problem better than me. And maybe not too—please be mentally prepared for any eventuality.

Regards,
TS
pon1965
Understanding Company Policies and Employee Obligations

Companies are not run for charitable purposes. Their bottom line is decent profit and reputation. To achieve their targets, they expect something from the employees for the money they invested in them. Towards achieving their target, they impose certain rules and regulations. If those rules and regulations are unacceptable or unpalatable to you, you are at liberty to leave by completing the formalities. Who guarantees you that the next employer will lay roses for you? As TS said loudly, "No Free Lunch." It is up to you to take further action as you desire. Members can suggest only, but the final decision rests with you.

Wishing you all the best.

Regards,
Pon
miqdadali
Hi friends, first, thanks for your reply. However, I am not comfortable with your answers. I have not signed a bond paper; I signed only the company's letter pad.
eastculturalassociation
Thank you for your reply. I want to resign from this company without any consequences. I will give a resignation letter after completing one month. I don't know how they will react, and I don't want to make them my enemy. Is there anything I can do to resign without any consequences?

Advice on Resigning

Dear friend, going by your attitude, I wouldn't be surprised when you submit your letter. You may be surprised—they may readily accept, even waiving the notice period. Give it a try. Talk to your bosses about your difficulties with an open mind and try to convince them of your decision not to continue. However, the decision is in their hands, and the discretion is theirs as to whether or not to impose conditions.

Regards,
Kumar
V. Balaji
Please look at his query carefully. He is very clear about the clause mentioned in his offer letter/appointment letter, and he says that he is required to give 3 months' notice if he wants to leave. Different companies may follow different rules—during probation or after confirmation. As for the company where he joined, they have stated that in the case of his quitting, he needs to give three months' notice. (Am I right, Mr. Miqdadali?)

There may be umpteen reasons for his quitting within a period of 15 days (by saying "I NEED to quit," he is trying to say that he WANTS to quit, I think). He has already made up his mind to quit for whatever reason. Then he needs to adhere to the conditions of the offer/appointment letter. What will happen if he does not? Probably, the company might adjust the salary payable to him towards the notice period, or they might not relieve him or issue a relieving order, etc.

Regards,
Balaji
eastculturalassociation
It's obvious you want to quit, and there is a catch: you have to give 3 months' notice or pay 3 months' salary in lieu. That's it. The ultimate decision lies with your boss and you as well. The consequences of not complying with the required notice would depend on your luck. Legally, there is a contract between you and your company, and any breach of conditions has to be resolved legally. Consult your advocate. Any shortcuts? Anybody's guess.

Regards,
Kumar B. G.
ngurjar
I guess I would agree with you. But the golden rule is to have an alternative before quitting. You could be honest and tell them that this was not what you expected at your workplace. There will be hundreds of HR folks who will get on you like the senior members have done here. As for consequences, it is only going to increase with time. The longer you work, the more the consequences will be. In 15 days, you might be well 'off the hook' because a company typically will not have much of a gain by then, and if there is a problem in the teething, it would be in their interest that they terminate you.

Some companies have extremely poor culture. Your company could be one of those. Imagine you are going to a bank. The cashier is talking on his cellphone. He is doing his work but is continuously talking on his cell phone. Would you like that? Imagine it happens at a hospital where some close relative is admitted. Would you like that? Imagine it's the surgeon this time... Would you be comfortable??? So, the cell phone rule can have different repercussions in different situations.

Ultimately, why should an employer pay you? For your productive time. Hence, if you are given a fixed time to work, you need to stick to it. For the first year or so, you will definitely be monitored closely. With time, the employer understands that you are in sync with the company 'thought-process' and might start 'trusting' you more... But, you are clearly not there yet. We don't allow newbies to run around and cause havoc in our companies...

All being said, it is not a personal fit for you. And by the letter, your company is pretty unprofessional. They have not given you a reasonable understanding of how things go. This could be your 'defense' in a court of law, should there be a conflict. Basic definitions are missing in your letter. You are still not 'absorbed' by the company. That would mean you are under probation or trainee or some kind of trial period. Hence, laws on probation/training/trial will apply, and I believe the notice period is a little off-sync from the law. I believe the max during probation is 1 month. Anyway, there are many experienced guys here who might be able to answer that.

If you really quit, you might consider not wanting to claim the experience for your next job anyway... It could harm you more than anything else.
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