Company Is Forcing To Serve Full Notice Period

Hi ,
I am working in a consultancy IT company, got a job in MNC. There is buyout option is mentioned the offer letter, then also my current company is forcing me to serve more than 75 days, where my future company can wait up to 50 days. I tried all the option to convince the current employer. But no luck.
Find the below Notice period details according to Offer letter.
During your employment with XYZ company, including probation/training, either you or XYZ company can
terminate the appointment by giving 90 calendar day’s written notice or 3 month’s full salary in
lieu of the notice.
I have 15 more days to join the new company. But not yet inform them about the current employer is not accepting to release in 50 days or buy out.
Please suggest ....

Raise the level to highest in the current employer in the form of a clear written communication.
Go and seek an appointment with them to explain your problem.
Company is legally bound to follow the agreement as laid down in appointment order.

Also keep your new HR posted with this situation. Strongly recommended.

Hello Sanjay Kumar,

While Nathrao's suggestion seems to be the only option left for you, I am not sure on basis did you commit or at least give hope to the new MNC that you can join earlier.

You haven't mentioned your level/designation/role. Those in Lead roles in IT sector are usually not relieved earlier for the fear that this can create an imbalance in the team(s) & act as a precedence.

Even otherwise, given the recruitment scenario in IT sector today, most companies tend to use a delayed relieving to put-off the exit of employees [since the joining time would have been overdue, the opportunity too would have lapsed & the employee would end-up continuing in the present Company]--right or wrong isn't an issue for them. And this is more prevalent in small/mid-sized IT companies.

In case Nathrao's suggestion doesn't work for you, the only option I can see is for you to defer your exit plans & do a better planning next time.

There's also another angle to your case. Generally, the current Company makes a Counter-Offer to retain the individual. This doesn't seem to have happened in your case [at least you didn't mention it]. If True, then it MAY also point-out to an underlying fact that you aren't so much sought-after, but at the same time not someone who can be just let-go--for whatever reason(s).....in a single phrase--just an 'average or above-average guy'.

The only option for you then would be to minimize your stay here to the best extent possible--chances of your next Appraisal being effected are high.

All the Best.

Rgds,

TS