How Can I Handle My Notice Period When I Need to Join a New Job Sooner?

I resigned from my job on 30/08/2012 because I got a job in a good company. However, I resigned by citing health issues as the reason. Now, my new company is asking me to join from 10/09/2012, so I am unable to serve my one-month notice period.

Notice Period Clause

In my current company's appointment letter, it is stated: "During the period of probation or on confirmation of your services thereof, your appointment shall continue unless and until terminated on the expiry of not less than 1 month notice in writing given by either party or one month basic salary in case the above-mentioned notice period is not fulfilled. In case you decide to leave the service, the company may, at its sole discretion, relieve you of your duties anytime during the notice period, and in that event, you will be paid up to the last day only."

I am willing to pay my one-month basic salary.

Please suggest what I can do in this situation. Will they relieve me by providing all the necessary letters and my pending salary?

Waiting for your advice.

Thank you.

I totally agree with Mr. Anil Yadav. Your problem isn't about the legality or fairness of the separation process and provisions related thereto. Yours is about anxiety in relation to the process of separation. You are prepared to pay your employer one month's salary in lieu of serving the notice period. This shows that you are a thinking person who is fair.

I don't see any problems if you write your decision to your employer. But remember not to include too much in the letter and email (yes, you should send both - and they should both have exactly the same text). Remember, the more you tell someone, the more you may have to explain at some stage.

So, only include the relevant details. These will be:

- Your decision to resign for personal reasons (health reasons are a personal issue).
- Your inability to serve the mutually agreed notice period (due to reason (a) above).
- Your readiness to compensate the employer with one month's basic pay in lieu of serving the notice period.
- Clearly indicate the date of submission of resignation.
- Also indicate the date of separation (30 calendar days from the date of resignation).
- Clearly mention any requests you have from your employer prior to formal separation. These can include full & final settlement, letter of experience, recommendations from your boss, etc.
- Make sure you thank your employer for a wonderful time while you were working with them.
- Wish them all the best for their future.

I hope this helped you. All the best for your next life chapter!

Thanks a lot to Anil and Gaurav. As per your reply, I have spoken with my MD and HR. Verbally, they have agreed to relieve me today, but they are stating that they will provide all documents today, with the full and final settlement after 30 days only.

Should I agree to this or not? Based on my experience, I have observed that he usually delays all these processes. He is very money-minded. Please reply to this.

Thanks,
Nishi