How Can We Help a New Hire Negotiate a Shorter Notice Period to Join Us Sooner?

HUMAN RESOURCE PRACTICES
Dear Seniors, A candidate was selected in the month of November, and he resigned from his previous employer on Nov 5th. We have insisted that he join within a month. His notice period is 3 months as per their company rules, but he said he can negotiate. Now, their Project Head sent him an email stating that as per rules, it is 90 days from the date of raising the resignation email. He has emailed me asking for my response. Please guide on the best alternative ways he can convince their management so that he can join us as soon as possible due to our immediate requirement. What can I suggest to him?

Thank you.
syedhussain
As per your details, I understand that you are in need of a candidate. However, I think you are putting that candidate in a difficult position by making them break the rules of another company. Do you think this is good? You still have the option of choosing another candidate who can join immediately.
Ankita1001
Dear Seniors,

A candidate was selected in the month of November and resigned from his previous employer on November 5th. We have insisted that he join within a month. His notice period is 3 months as per their company rules, but he said he can negotiate. However, now their Project Head sent him an email stating that as per rules, it is 90 days from the date of raising the resignation mail. He has contacted me, seeking guidance on how to convince their management so he can join us as soon as possible due to our immediate requirement. What are the best alternative ways for him to achieve this? How should I advise him?

Your immediate requirement is understood; however, it is essential for a proper handover of responsibilities to take place.

I am sure you selected him for his outstanding performance ability, which likely mirrors his achievements with his previous employer. Although organizations often allow adjustment of pending leaves against the notice period or payment in lieu of notice, it is important to consider that this option may not be available for specific individuals. This could be due to their holding of an important role within the team, necessitating a thorough handover process.

In my case, officially I am required to serve just a 1-month notice period, but my seniors did not release me within that timeframe. This was because my work and role are critical, and a proper handover was essential. Instead, they sought a suitable replacement who could seamlessly continue the work. I feel privileged to hold such an important position.

I hope this advice proves beneficial. 

Regards
HUMAN RESOURCE PRACTICES
Thank you for your valuable suggestions. I don't mean to break any of the company rules; in fact, he himself wants me to suggest the best possible ways in this regard.
Ankita1001
I can understand; he might also be afraid of losing the job offer you made to him. Firstly, try to convince him that you're not going to revoke the offer and that you'd respect the notice period that he has to serve. At the same time, he can try to convince his management to relieve him as early as possible. Ask him to convince his employers that he doesn't wish to run away, but it is also about the new commitments that he's made. He is bound to the old employment, so he wouldn't break the promises there as well, but he would genuinely be obliged if they could accommodate his genuine case.

Hope it helps. 
tajsateesh
Notice Period Buyout and Negotiation Strategies

Have you checked out if the notice period can be bought out? Frankly, either you or the company's HR (your client, I guess) should have delved a bit deeper during the interview itself on how this candidate proposed to negotiate his notice period—since the current situation is, by and large, very common for any resignation. To put it differently, this situation should have been anticipated.

Buying out the notice period is only possible if the candidate can hand over his work within the lower notice period he proposes to ask for—for which he/she needs to do some groundwork even before he/she resigns formally, since the next step will be the date of relieving, obviously.

Asking for the adjustment of leaves at this stage may not be the right way for the candidate to handle the issue—since adjustment comes into the picture only after the informal/formal acceptance of the resignation.

Looking at this from another angle, there is also a chance that the candidate may be faking this scenario—for all you know, he/she may have negotiated with his current company for a raise using the offer—when the negotiation should have been for relieving. I have seen people doing this. In fact, there are candidates who specifically attend interviews just to get their market value to negotiate a raise—sort of 'blackmail,' I guess.

Regards,
TS
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