Stuck Between Two Notice Periods: How Can I Join My New Job Without Losing My Experience Letters?

I was recruited in July 2014 by a well-known IT company (working at a client location) with an offer letter mentioning a 30-day notice period. This assignment was completed in June 2016, and I was subsequently placed on another project at a client location in August 2016 with increased remuneration. The remuneration clearly outlined the package details and stated, "The other terms and conditions of employment will remain unchanged." No additional offer letter was issued with the new project initiation.

Now, I have been selected to join a new company where I specified a 30-day notice period, and I have received an offer letter to that effect. I have initiated my resignation, but my HR is verbally stating that since 2016, my notice period has been changed to 60 days and must be served. The client also verbally mentions a 60-day notice period. I do not possess any document, nor does the payroll company have an offer letter stating a 60-day notice period. I have requested my HR to provide evidence of an offer letter specifying a 60-day notice period, but I have not received any written confirmation or document.

I am currently in a difficult situation where both the payroll and client are requiring a 60-day notice period, while my future employer is asking me to join in the next 30-40 days, or the offer may be rescinded. I lack any documentation listing a 60-day notice period from either the payroll company or any other source.

Options to Join the New Company

1. What options do I have to ensure I can join the new company without facing issues from both the client and payroll and without jeopardizing my experience letters?

Concept of Offer Letters

2. Is there a different concept for offer letters? I am skeptical because my increment letter from 2016 clearly states, "...remain unchanged."

Challenging the Discrepancy

3. With valid proof of an offer letter specifying a 30-day notice period, should I challenge this discrepancy?

Impact on Experience Letters

4. If I do not complete the remaining 30 days and opt to provide the equivalent monthly salary, will this impact my experience letters?

Possibility of Fabrication

5. Is it possible for the payroll company to produce or fabricate another offer letter dated August 2016?

Steps to Take

6. What steps should I take at this juncture, considering I only discovered this issue after submitting my resignation?

I am in urgent need of assistance; please help!

Hello,

There is nothing mentioned verbally in the company; you have proof in the form of a letter stating a 1-month notice period. It is your company's fault that they did not inform you about the new policy. Therefore, if they are forcing you, consult with a good legal professional and send a legal notice to the company.

Thank you, Amit.

Now, my parent company is agreeing to a 30-day notice period, but the client is requesting a 60-day notice period due to a policy change for contractual employees since 2016. I have not received confirmation of this from either the client or the company.

What should be my legal option? Should I consult a legal professional to file a case against this? Additionally, I want to ensure that I can join my future employer by the given date of joining.

Also, on what grounds can a client keep me on extended stay of the notice period? Does the client have any say on my FNF settlement? Is there anything that can hold my experience documents?

If my parent company allows me to leave in 30 days and the client files a default with my payroll organization, can the payroll company stop my FNF and experience letters?

What if I join a future organization and receive the relieving date/experience letter later with the Last Working Day (LWD) of a future date.

You are legally on solid ground regarding giving a 30-day notice, as there is no written document requiring a 60-day notice from your parent company. Your client company has no say in this matter. Given this position, to maintain a good relationship with your client, inform them of your inability to work for 60 days as you have to join a new company upon completing the 30-day notice period. Since your parent company has now accepted the 30-day notice period, your separation will hopefully be smooth. You will appreciate that, as the project you were working on is likely to suffer until a replacement is available, you don't have to act harshly towards either of the companies—parent company or the client company—and you should leave on good terms.

Regards,
Vinayak Nagarkar
HR Consultant