How to Handle a Job Offer When You're Stuck in a Contractual Notice Period?

Respected All,

I am working with a consultancy firm as a Recruitment Officer for 9 months and have received an opportunity from another firm as an HR Executive in a general profile. The current organization I am working for has a clause in my offer letter stating, "You have to serve the company for a minimum period of 1 year."

The other company that has offered me the position is requesting me to join in 2 days. However, my current company is reluctant to accept my resignation, and I am very interested in joining the other company.

I am considering sending a resignation email to the relevant person in my current organization and joining the other company the next day. (Please note that my current company has paid me the salary for the previous month.)

Please help and suggest.

Also, the offer letter of the current company didn't contain any specification regarding the notice period.

Will your new employer accept you in this quick exit mode from previous employment? Your present company cannot compel you to serve for one year.

Courts generally rule in favor of employees in case of ambiguities in employment contracts. Was there any clause for payment in case of early exit?

No one can do anything if you don't want to work. You can also abscond. Did the company you joined train you? As you said, they are also paying you.

Would you be feeling happy if the company terminated you with one day's notice, saying that you are not performing? It should be ethical on both sides. The HR world is small; you may encounter other people randomly, so be wise when you decide.

Kiran

Hi Harshil, The current organization I am working in has a line mentioned in my offer letter that states, "You have to serve the company for a minimum period of 1 year." Can you please check the appointment letter once again? If only the above line is mentioned in your appointment letter, then you are at liberty to leave the current organization as per your will. However, ensure that no other lines are mentioned in your appointment letter or that there are no references to other documents that may not have been linked or attached. If you still have any queries, feel free to contact me via email at [Email Removed For Privacy Reasons].

Regards

Offer Letter and Notice Period Concerns

Yes, I checked the offer letter again, and the only line mentioned in that letter was regarding the appointment. No appointment letter was provided by the employer.

Secondly, I would like to address that I left the organization without serving the notice period or completing my one-year service.

Recently, the employer sent me a formal notice through an advocate, raising a claim of ₹40,000 as a penalty. As mentioned earlier, there is no mention in the offer letter or any other correspondence about the penalty or notice period service.

The notice sent is not on any legal paper or letterhead of either the employer or the advocate. It is printed on a normal A4 size paper and was sent by courier, not through "Registered AD."

I seek your guidance on this matter.

Regards,
Harshil Khatri