How to convince HR for relieving me in 1 month instead of 3 months notice period with Humanity on grounds

Respected All,

Currently, I am facing a problem and need your advice.

I have been working in an organization since 1st May 2023, which has a condition of a three-month notice period at the time of issuing the appointment letter to me. On 7th September 2023, that organization asked me to resign from my job. I resigned and am willing to join another firm. Due to my family issues and humanity, I requested them to release me within one month. Initially, they agreed mutually to release me within one month. However, they have now reneged on their agreement and are insisting that I serve a three-month notice period. On the other side, the new firm is offering me to join duties within one month.

Please advise on what I can do.

Hi, Why did the employer ask you to resign?

When an employee resigns on their own, they need to serve the proper notice period. However, if the employer wants the employee to resign, they either need to pay in lieu of the notice period or allow the employee to serve the period but cannot insist on notice. You can talk to your HR and explain that resignation is not your choice and that you were compelled to resign by them.

Dear Puneet,

Given the situation you described, here are some steps you might consider:

Review Your Employment Contract

Look over your employment contract to understand the terms and conditions, especially regarding the notice period and any provisions related to early termination.

Communicate

Have a frank and respectful conversation with your current employer. Explain your family issues and the situation with the new job. Express your willingness to work out a mutually agreeable solution.

Seek Written Confirmation

If they initially agreed to a one-month notice period, try to get this in writing. This can be important evidence if you need to escalate the matter.

Negotiate

If they are unwilling to agree to a one-month notice period, try to negotiate a compromise. Perhaps you could offer to help with the transition or find a replacement if possible.

Consider Your Priorities

Assess the importance of starting your new job versus maintaining a good relationship with your current employer. Balancing these priorities may influence your next steps.

Consult a Lawyer with Knowledge of Labour Laws

If you're not able to reach an agreement, consulting with an employment lawyer might be advisable. They can provide legal advice based on the specifics of your situation and jurisdiction.

Document Everything

Keep records of all communication with your current employer, including emails, messages, and any written agreements.

Notify the New Employer

Keep your new employer informed about the situation. They might be able to offer advice or support.

Therefore, it's essential to approach this situation professionally and diplomatically. Try to find an amicable solution that works for both parties. If a resolution can't be reached, seeking legal advice becomes more crucial.

Thanks

The importance of flexible HR policies

The present-day HR generation, I am very sorry to say, does not know the rules or policies. I am someone who advocates for flexible policies like a probationary period, pro-rata to the number of years of experience, inversely proportional. Similarly, the notice period should be flexible. HR should be empathetic as well. Once you issue a resignation acceptance letter with strict enforcement of the notice period, the concerned employee will be a burden to the organization in more than one way. You cannot get quality work from him. He will be treated as an unwanted person and looked down upon by his team members and colleagues. He may even disturb other people or even brainwash them to leave the company along with him. All these things are detrimental to the peace and tranquility (if any) of the working environment, and it may turn toxic soon. A person on the notice period will be anxious to get relieved, and it is better to relieve him and get a replacement sooner rather than later. HR people should never have the habit of throwing the rulebook at the people, as one day the same book may bounce on them when the time comes! Be flexible and empathetic, rule from the heart!

Best wishes