Feeling Stuck: How Can I Handle My Company's Refusal to Waive the Notice Period?

I work with a leading company in India with over 10 years of experience as an Assistant Manager. Presently, I am not assigned to a project and have no dependencies. I have received an offer from another major multinational corporation and have agreed to join them. I have submitted my resignation, requesting my supervisor to waive the 40-day notice period and allow me to serve only 50 days. However, he is not accepting my request, citing several reasons. Despite my willingness to pay for the notice period, he is unwilling to waive it. I feel helpless and fear for my career.

Please help me—can you suggest what I should do?

Please send a registered letter to your HR, requesting a notice period buyout. Often, discussions do not yield the results that a written document can provide.

State the Last Date of Working

State the last date of working within which all knowledge transfer needs to be completed. Prepare your own KT documents so that you are well-prepared to negotiate.

Keep your future employer informed about the communication. Clearly state in the letter that you will not be available after your declared 'Last Working Date.'

If you have an idea of the buy-out amount, have the check ready.

Offer all your support for the transition and remain fair. It may be challenging, but you will find your exit.

Wishing you all the best!

Thank you for your reply. Mine is a strange case. I have done the KT a long time ago and basically do not have any work. Considering these situations, I did tell my future employer that I can join them in 50 days. I was confident that management would waive off the notice period because they have done so in the past, especially for senior management positions. I don't know why they asked me to serve the entire notice period even though I am ready to pay it off. Awkwardly enough, HR has no control over this.

I am in a fix here. My future employer is not willing to extend the notice period, and my present employer is reducing it. I am not sure which way it will go.

Your case is extremely clear. Send the registered letter to HR and inform your future employer that this needs to be considered as an exit document. Include the sentence, "No written intimation within 3 days would be regarded as acceptance."

It's your right to find an exit from your existing employer. Mention that your last date of working remains non-negotiable under every circumstance. If you want, share the letter with us so that we can help you draft it. There is no way they can stop you other than harassing you with the exit documents.

As you have already informed, your future employer knows about it. Negotiate on the document submission. Most likely, they will consider. Wish you all the best!

Can you share the reason for sending the resignation to your super boss, circumventing your boss (if he exists)? In my opinion, when you want to join an employer, you accept the terms and conditions stated by the employer. What does your notice period clause state?

Even assuming your notice period gives room for either party to part ways by paying notice pay, it is advisable to shake hands peacefully rather than going by the rule book. You will appreciate the notice period as the duration required by the employer to look for an alternate employee in your place. You have stated that you have no work. Hence, I would recommend that you speak to your current employer and convince him about this. Showing disinterest, shirking work responsibilities, and clock-watching tendencies are some behaviors exhibited by employees as soon as they put in their resignation. But they fail to recognize that the organization has paid for work done and also when they did not have enough work.

Also, speak to your prospective employer and seek time. I am sure that if you are the best candidate, he will wait for you and appreciate your viewpoint. Speak, convince, request, offer to look for a replacement for you, and seek an early relieving, and you can be assured that it will yield results.

Regards

Thank you, (Cite Contribution), I have requested, pleaded, and prayed to be released at the earliest, but they are not willing to grant even a day's waiver. We have an online application for resignation; hence, there is no registered mail. Additionally, it's a large company, and sending a registered letter doesn't help. I have some email communications that can be documented. Now, even HR is stating that the operations management is correct and they cannot assist. I am unsure why companies spend money on hiring HR personnel when they actually do nothing. I have informed everything to my future employer (which is also a leading MNC) and hope they will consider my plea. I cannot believe that one of India's well-known companies can play with the careers of their employees like this.

Here are the answers to your queries:

Reason for Sending Resignation to Super Boss

Can you share the reason for sending the resignation to your super boss, circumventing your boss (if he exists)? My boss has no power to approve the notice period waiver. Not sure why he is there, maybe just to take a salary.

Notice Period Clause and Negotiation

In my opinion, when you want to join an employer, you accept the terms and conditions stated by the employer. What does your notice period clause state? In the offer letter, it states that the notice period is negotiable at the discretion of management. In the recent past, they did waive off the notice period for a few people.

Even assuming your notice period gives room for either party to part ways by paying notice pay, it is advisable to shake hands peacefully rather than going strictly by the rule book.

Legal Action and Workplace Experience

I am trying to do this and planning to sue my super boss and the company for mental torture and harassment after receiving the relieving letter and FNF. I was subjected to torture to the max by the management and HR. But so far, I have been friendly with them.

Employer's Perspective on Notice Period

You will appreciate that the notice period is the duration required by the employer to look for an alternative employee in your place. You have stated that you have no work. Hence, I would recommend that you speak to your current employer and convince him about this. Showing disinterest, shirking work responsibilities, and having a clock-watching tendency are some behaviors exhibited by employees as soon as they put in their resignation. But they fail to recognize that the organization has paid for work done even when they did not have enough work.

I hate to show these tendencies at the workplace. This is the reason I asked for early release so that the company doesn't pay me salary, bonus, and leave encashment. I have literally no work. Can't help if the company management has failed to understand this.

Communication with Prospective Employer

Also, speak to your prospective employer and seek time. I am sure that if you are the best candidate, they will wait for you and appreciate your viewpoint. I told them the entire situation, and they said they would try their best. Hopefully, they will wait because they also have a 3-month notice period for management-level positions. They have training scheduled, and my late joining will force them to change the plan.

Steps to Achieve Early Relieving

Speak, convince, request, offer to look for a replacement for you, and seek an early relieving, and you can be assured that it will yield results.

Attribution: https://www.citehr.com/484230-urgent...#ixzz2tSCe24xT

Regards,