Stuck in a Notice Period Dilemma: How Can My Husband Join His New Job on Time?

My husband, working for a reputed bank, has resigned from his position due to a good offer from another reputable MNC bank. As per his offer letter, he needs to serve a 90-day notice period or pay the gross salary of 3 months. Now, when he is asking for early relieving as the other bank wants him to join within 30 days and is also ready to buy back the notice period, his bank is mandatorily asking him to serve the full 90 days of the notice period. They say that although it is mentioned in the offer letter to pay the gross of 3 months in case of an early exit, there was an internal circular that the bank's HR rolled out, mentioning that it is mandatory to serve the 90-day notice period.

He is in a fix now as he has already accepted the offer letter from the MNC bank to join within 30 days, and they were willing to buy out the notice period. However, his current company is not allowing him to be relieved before completing the 90 days. What can he do in such a situation? Please advise as soon as possible!

I understand your husband's situation, and he has to take an early exit from his current employer because he has already accepted an offer from another bank. The first step is for your husband to speak to his boss about needing to leave early. If his boss permits it, he can exit early by paying a short notice period amount, calculated based on his salary and the terms of the employment contract. He has to convince his boss; otherwise, he will have to serve the notice period.

Otherwise, he will have to serve the notice period.

1) https://www.citehr.com/348503-resign...ce-period.html
2) https://www.citehr.com/290477-notice-period.html

First, ask him to talk to the new bank to extend the joining time—to the extent possible. Next, ask him to talk to his boss—as Anil suggested—and get the maximum possible relief in the relieving period. The basic idea is to come to a trade-off timeframe—with the current employer reducing the notice period to some extent and the next employer increasing the joining time to some extent.

Also, ask him to check the actual time he would likely take to complete his pending tasks and do the handover. This input can be used by him while discussing with his boss to show that his presence will not be needed beyond that timeframe unless the bank wants to harass him. This strategy works sometimes.

Regards,
TS

I think the conditions in the appointment letter prevail. It is better to consult a lawyer in case they are adamant about releasing him only after 90 days.

Pon