How Should I Handle My Current Job's Notice Period When My New Job Starts Soon?

Hello Everyone,

My name is Shruti Nair. I am working as the Branch Operations Manager in a leading private sector bank in India. I had decided to step down from the bank last month, and the resignation was initiated from my end and approved by my Branch Manager.

Notice Period and Early Relieving Request

In my appointment letter, it is clearly mentioned that after the confirmation of employment with the bank, either party will be required to give a 3-month notice or salary in lieu of notice at the bank's discretion. My father was in the ICU for 2 months due to severe health conditions, and I wanted to be with him. I had attached his entire treatment summary and wrote to my HR and management for early relieving. I had informed my last working day at the beginning of the month itself and agreed to work for 30 days to find a replacement for me. My replacement has joined at the beginning of the month, and I have properly handed over everything to him, including all company assets to my Branch Manager.

Management's Response and New Job Offer

However, my request for early relieving was rejected by management, and they are forcing me to serve the notice period, despite my agreement to pay the remaining notice pay amount. I have received an offer from a company that offers a work-from-home facility, which is best suitable for me to be with my father and support my family financially. The new company wants me to join within 30 days, while my current company is asking me to take leave to care for my father and then return to serve the remaining notice period.

Concerns About Dual Employment

I have also received a mail from them stating that I cannot join any other company until the notice period is over, and they will consider it as dual employment if I join the new employer. They have threatened to mark me as absconded, even though I officially informed them of my last working day 30 days prior. I would like to know if joining the new company will be considered dual employment. If I agreed to pay the remaining notice pay amount, will I receive a relieving or experience letter? Additionally, is it a good idea to report to the new office before the notice period ends considering I have already mentioned my last working day in the email and left the existing company, and it has been 5 days.

I kindly request your guidance.

Thank you.

Accepting the notice pay for immediate relieving is purely a management prerogative unless it is specifically provided in the appointment order that either party shall terminate the contract of employment by paying notice pay in lieu of the notice period. In this case, acceptance of notice pay is at the discretion of the bank. The same is one-sided and is a question of law to be challenged. But this is not the right time to do it. Since a replacement has already come, the bank could have relieved you even without demanding notice pay. Still, since the policy is to get it, they could ask you to pay the notice pay and relieve earlier. But the initiative should come from you. The bank will not keep it open. Therefore, you should go and meet the HR in the HO/Zonal Office and get your relieving order in hand without fail.

You should also ensure that your exit date in the PF records is a date before you join the new company. This is because nowadays this is being taken up as a serious CRIME by the background verification agencies who themselves claim to be detectives. Therefore, never join the new company without a valid document showing that you have been relieved.

Dear Sir,

I have clearly mentioned the last date of my employment with the bank and have officially handed over all responsibilities to my replacement. I have all these official email communications with me. Will this be considered the end of my employment with the bank? I want to ensure that if I join a new company, it does not fall under dual employment. Also, as you suggested, I tried my best to convince HR and senior managers for a smooth exit, but they are not accepting it.

Formal Relieving Process

A communication from your side stating that your last working day would be a certain date would not be sufficient for your formal relieving. This should be considered an offer from your end, and it must be acknowledged and accepted by the employer (bank). It is essential to have your handover officially documented to ensure a proper transition. Only then will you be released from your liabilities as an employee. Due to the financial nature of the position, the employer may require you to undergo a formal handover process, which might differ from practices in other organizations.

Managerial and HR Behavior

The behavior of the managers/HR, in particular, may be subject to criticism, but it is important to note that challenging them may not be advisable if the appointment order specifies that the relieving process after accepting notice pay is solely at the employer's discretion. While you have the option to seek intervention from relevant authorities, doing so could potentially harm your relationship with the employer and impact your career negatively. Therefore, it is preferable to negotiate with the new employer for an extended joining period.