Stuck in a Notice Period Dilemma: How Can I Join My New Government Job on Time?

I am working in an MNC and currently in the probation period. I have received a job offer in the government sector. I resigned from my current job on January 11, 2016, and my notice period ends on February 9, 2016. However, I have been asked to join the government job on January 22. I informed HR and my supervisor about this and requested an earlier release by buying out the shortfall notice period, which in my case is 18 days. I am willing to pay the amount, but they are refusing to accept this option. Please suggest what I can do here. As it is an MNC, I am afraid to abscond as they may take legal action against me.

I informed my supervisor and manager before resigning. I don't have any dependencies, which is why my supervisor approved immediately. My resignation has been raised in the system, and my supervisor approved it. I want to exit the organization smoothly. However, HR is refusing that option.

Dear Suresh,

You can very well pay the remaining salary and end your notice period, but it must be written in your agreement or appointment letter. Please read your agreement or appointment letter carefully before moving ahead. You can file a complaint with your local government labor department for your own safety.

Thank you.

Termination During Probation Period

This is what is mentioned in my terms of employment.

1.1.3 Notwithstanding anything contained herein, during your probation period, the Company may terminate your employment upon thirty (30) calendar days' notice to you or by paying your monthly gross salary in lieu of giving such notice, with or without cause, and with or without stating any reasons whatsoever.

1.1.4 If you desire to terminate your employment during the probation period, you shall provide the Company thirty (30) calendar days' prior written notice with reasons for such termination.

There are a few things that can be done in the situation you are in. You have to first check your contract with the company to see whether it allows you to buy out the notice period or if the company has kept this option at their discretion. If the contract states that you can leave by paying for your notice period, then the company cannot bind you to complete your notice period. You can report this issue to your location's labor office and ask them to talk to the company on your behalf.

If the company has kept this option and whether you can leave or not is up to them, then ask for the standing order of the company to check if the same is stated in it too. Then we will take actions as per the situation.

Regards,
Akash

Approach the top management. 18 Days shortfall is no earthshaking problem for an MNC. Offer to pay the shortfall and ask top management to be considerate and give you a smooth exit. What do your standing orders say about the exit? How long did you serve with the MNC? Legal threats by the company may not amount to much. No court will take such a grim view if there is a shortage of only 18 days and you have expressed your willingness to pay the shortfall to the company.

You may submit your resignation by registered post together with the DD for the amount against the notice period to be bought out and join the government job on the appointed day. There is no requirement in the government for the production of the relieving letter from the previous employer.

Going by the terms of employment you mentioned, it's clear that you don't have a buyout option. Did you inform 'in writing' that you are joining the government sector and not another company?

Despite all the various advantages in MNCs, one disadvantage is that the rules are more like those in a government organization—rigid and without flexibility when left to the bottom-rung employees.

Like Nathrao suggested, the only option for you is to escalate to the top—with a copy of the government offer letter.

DON'T... repeat DON'T... harp on your side of the story about getting relieved earlier. Focus and emphasize the fact that the company won't be affected in any way by your leaving now or later since you WON'T be joining another company.

Focus on the usual human tendency/frailty of acting only when things affect oneself. Since your manager has given you the clearance, you have a lesser headache.

The worst-case scenario action would be what Venu suggested [he is right that the government sector doesn't insist on earlier job documents unless there's some criminality/legal issue involved]... joining even if you don't get the documents here.

But I wouldn't suggest it as the direct step without trying your best to get the documents. For all you know, you may want to quit the government job later and join a private sector company. That's when your lack of connecting career documents will affect your chances very badly.

MAYBE, you can use this fact in your discussions/emails to the top guys [don't see any point in mentioning it to the junior HR guys... they wouldn't understand the sanctity you are attaching to getting out the proper way]... "that you CAN leave even without any documents but DON'T WANT TO as you value your association with the company."

It will only enhance your chances of getting relieved faster and properly.

All the best.

Regards,

TS

In my considered view, the terms of employment need to be read as an organic whole. When the employer has the option to buy out the notice period, it is unconscionable to deny the same reciprocity to the employee. It is not open to employers to indulge in exploitative private legislation under the pretext of terms of the contract of employment.