Can My Job Offer Be Revoked If I Can't Negotiate My Notice Period, or Is It Just the Bonus at Risk?

Hi, I recently received an offer from an MNC. During the interviews, I informed them that my notice period is 3 months but it's negotiable, and some people have left within 15 days. The offer letter states that I will receive a joining bonus only if I join within one month; otherwise, it won't be paid. The date of joining mentioned in the offer letter indicates the reporting date in the last week of October. Additionally, it specifies that the offer letter becomes null and void if I fail to join on the specified date.

Currently, my current company is not releasing me before the completion of 3 months, nor allowing me to adjust my leaves or buy out the notice period. I am concerned about whether the other company can revoke the offer entirely or if it only pertains to the joining bonus that I may have to forgo.

Please advise.

In my personal opinion, most probably the deadline mentioned in the offer letter pertains to the eligibility for the joining bonus only. Anyway, you may inform the prospective employer about your obligation to serve the entire notice period in the present organization and request to be permitted to join after formal relieving. If confirmed forthwith, you are ready to forego the joining bonus.

Whenever a vacancy arises, the HR department is given a target to fill the vacancy within a certain time limit. They are given this recruitment-completion target to maintain operational continuity. When an employee quits an organization, a new one must join in the shortest possible time. A prolonged gap could hamper operations, which, in turn, could affect customer satisfaction as well.

In your case, your future company has gone a step further and assured you a "joining bonus." This joining bonus was offered so that you can quit your current company, and any losses caused to you could be offset either fully or partially.

Nevertheless, you unthinkingly assured the future employer of your early joining. Commitment to the future employer should have been based on a commitment, and that too in writing, by the current employer. Now your current employer has refused to waive the notice period and has asked you to serve it. Their mandate has pushed you into the current predicament.

Far from forfeiture of the "joining bonus," a threat of revocation of the job offer itself is looming over you. However, this threat could be imaginary as well. Send an email to the HR department of the future employer confirming your inability to join within a month. If required, you may go there personally and explain your situation. A personal meeting is always helpful.

Lastly, keep in mind the importance of a smooth exit from the current organization. While you may insist on an early exit, you should not engage in any act that may be perceived as "misconduct" by the current employer. Any misconduct could be a double whammy for you.

Thanks,

Dinesh Divekar

The date of joining was based on what you must have committed, and the joining bonus was tied to it. Since you are unable to keep your committed joining date, the future employer is within their right to withdraw the offer of the joining bonus. However, the job offer may not be affected if you can convince them of your genuine difficulty.

Regards, Vinayak Nagarkar
HR and Employee Relations Consultant

Thank you for the inputs. I had never told them that I would be relieved within a month. In fact, I always told them that the notice period is 3 months, which is negotiable up to 1 month, as has been seen in other cases. I never promised anything. Even the HR of my future company has agreed that while 3 months is the notice period, the way I spoke in interviews made them hopeful of an early joining. They are well within their right to revoke the offer, but I was just wondering if they will do so because all my onboarding formalities, background verification, etc., have already been completed, and even the system has been delivered to me at my home.

Do HRs resort to pressure tactics?

Do HRs resort to pressure tactics to get a commitment to join and prevent individuals from backing out at the last moment? Is it illegal to abscond from my current employer to join the next one because in the offer letter, it is only mentioned that the person will be terminated for non-reporting, but there is no mention of legal action. The word 'legal' has not been mentioned even once in the entire offer letter. If so, can they take legal action against me?

Thanks once again.

After accepting the offer, in exceptional circumstances like the compulsion to serve the notice period in the current job, the prospective appointee may not be treated as acting illegally. However, absconding from the current job would certainly be considered misconduct, the punishment for which can leave an indelible stigma on your career. It is better to inform the prospective employer of your inability to join as agreed earlier and your willingness to forego the joining bonus.

Notice Period Negotiation Issues

Maybe I shouldn't have said that the notice period is negotiable. In fact, my current company shouldn't write 'salary in lieu thereof' in its offer letter because it does not allow buyouts or leave adjustments. The offer is finally getting revoked, and there is nothing anyone can do.

Thanks to all for the inputs.

Dear colleague, sorry, it ended with the withdrawal of the offer. You could have chosen to confirm the joining date after checking, instead of making assumptions. If the new employer is keen on having you, they could wait for the completion of the notice period. If you find yourself on the wrong end of the assessment, and I believe you are, please learn from it and avoid repeating the same mistakes. Better luck next time.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant

Navigating Notice Period Challenges

My son received an offer to join a company, but his current employer insisted that he complete a 3-month notice period. The employer also refused to agree to a "buyout" of the notice period. Interestingly, the future employer and the current employer know each other and discussed the matter.

Finally, my son will switch only after completing the full 3-month notice period to avoid burning bridges with his current employer, as he holds a senior position and reputation at that level matters. It is always advisable to include a notice period buyout clause so that a joining bonus can offset the buyout payment. Additionally, the date of joining can be requested as "will join on ------ or earlier" based on an earlier release if that occurs.

Regards, Col. Suresh Rathi

Understanding Company Norms and Compliance

Yes, it is purely a personal query regarding your situation with the trial period. Every company establishes norms for appointments, resignation acceptance, and terminations.

Why Companies Adhere to Strict Compliance

Why do you think the previous company and the new company are behaving abnormally? Both are adhering to their strict compliance policies. There is nothing wrong with this. You should wait for the new joining until the completion of the three-month notice period.

Suppose the company appoints another person in your place without completing the three months. Then you might challenge this as a violation of the three-month norm. So, it's correct from both companies' perspectives.

Managing Career Transitions

The only thing you want is to transition or shift urgently. However, one cannot board another bus without properly getting off the one they are currently on.

Approaching Career Upgrades Amicably

This is not to discourage your career advancement. You can achieve the necessary approvals with well-crafted, pacifying letters by addressing them calmly. They may relax their rules positively without affecting your future goals. All the best.