Stuck Between Jobs: How Can I Resolve My Notice Period Dilemma Before Losing a New Offer?

I am working in XXX for the past 2 years and 11 months. I got a better job, and I mailed my resignation letter on 26th September, asking to be released by 25th October, keeping the XXX policy of one-month notice period in mind. However, my project gave me 15th November as the release date. Even my HR is telling me he can release me only on the date given by my project. I'm fighting with one person or another every day for my release date to be changed. My date of joining in the new company is 28th October, and they told me they won't be able to wait till 15th November and may cancel my call letter. I really don't know what to do, and I feel my future career is in a big question mark. I seek your advice and help in this issue.

What is the exact clause regarding the notice period in your appointment letter? Does it mention anything about the project?

Regards

"During your tenure with XXX, either you or XXX can terminate the appointment by giving 30 calendar days' written notice or 1 month's basic salary in lieu of the notice."

This is what is given in my call letter. There is no mention anywhere stating that the project has the right to extend the notice period. Except for my HR and my Project Lead, everyone else says XXX should release a person in one month if the employee wishes to. Today I spoke to another project HR who told me the project doesn't have the right to extend the notice period and promised to help in this case.

You can follow the norms as per your appointment letter of one month's notice period, but you can still talk to the other company where you are selected for a better position for an extension of hardly 17 days. In my opinion, they should also understand the crux of your problem. In the meantime, you can speak to the management of TCS with a request to be relieved after your one month's notice period is completed.

Please keep the option open.

Thanks,
B.V. Raghunath

Surprising that an organization like XXX is doing this, but I think the problem is more at your lead level rather than the organization level. Every project has the right to inform HR that they will not be able to relieve the personnel before a particular due date. In your case, your lead is taking advantage of this for nuisance value (just making your life more difficult).

Steps to Resolve the Issue

Write to the head of HR and the CEO. Tell them your case and ask for their help. If what you say is right and all information has been handed over and tasks completed, they will definitely help you exit smoothly. Meanwhile, inform the new company what you are doing and keep them in the loop.

Note of Caution

If the new company insists on the earlier date and is not willing to listen any further, let it be a warning signal to you that the company is not as great as you think they are. No organization likes to lose good talent for just a 15-day gap. Something is definitely not right in this scenario.

Talk to the HR head of XXX. They will surely listen and advise you appropriately.

Cheers,

Navneet Chandra

Normally, it is written in the appointment letter that a notice period of one to two months or salary in lieu thereof is needed for the submission of resignation on either side. It is also stated in the same appointment letter that the employee can be retained for an extended period if the already assigned project demands it. If such a clause has been incorporated in your appointment letter, you are legally bound to abide by it. However, if this clause is not mentioned, then you are free to leave the company after serving the notice period, and the company cannot insist on retaining you.

If the second clause is present, then you can only approach the senior HR person and request them to consider your case sympathetically. You should also persuade your team lead and try to have them influenced by senior personnel.

Regards,
Mahavir Mittal

I think Navneet is absolutely right. You should think about that. I would like to add another point here: if you have direct access to your legal department, you can seek their help too.

Problem with Supervisor Relationship

The main problem here is your relationship with your supervisor. Since you mentioned that you do not share a healthy relationship, he/she is taking full advantage of that and putting you in trouble.

All the best!

Thanks, all. At last today, my onsite coordinator and Project Lead accepted to release me by 25th October. However, my Team Lead still insists that she won't let me leave before 31st October, citing a few unnecessary reasons. Monday will be my last attempt to resolve this with my lead, and after that, I'll have to escalate the issue.

@Navneet: What you mentioned about the new company not being able to wait is valid. Unfortunately, I don't have any other option now. My expertise is in a rare technology that is not widely used, making it difficult to find a job in this field. I can only hope the new place will be better than my current one. Plus, I received more than a 60% salary increase. So, let me face new challenges. 

Most companies would not bother to wait. Enough people are available, except where the person is very senior or has special skill sets. Moreover, companies also have constraints in terms of joining dates as orientation programs and training dates are already in place. They won't change that for one person. This is, in any case, a buyer's market in jobs now. The employee is at a disadvantage in the depressed economic scenario.

Hi Nirmal,

I am facing more or less the same problem wherein my supervisors are not ready to release me, and I am not getting any help from HR as well. Please suggest a way out based on your previous experience so that I can resolve this situation.

Kindly email me in detail at sg_ani@ymail.com.

Thanks in advance!
Ani