Dear Sir/Madam,
I am working with a Ltd. (Indian company) as a Senior Officer Commercial since the 18th of Nov '2013. As per the offer letter acknowledged by me, I have to serve one month's notice or pay. I have already resigned on 12.2.15 and requested an immediate relieving letter. However, my HOD is verbally insisting on my relieving by 31st Mar '15. Currently, I have a good opportunity in another company where immediate joining is required along with a relieving letter from the previous employer.
Offer Letter Terms
I am sharing the exact wordings from the offer letter: "Your services may be terminated at any time by giving one month's notice, in writing on either side. In case you leave your employment without giving requisite notice, no relieving order will be issued, and settlement of dues will be at the discretion of the management. The management reserves the right to deduct, as liquidated damages, an amount equal to one month's gross salary from any amount due to you. If the amount is not available or insufficient, the management shall have the right to recover such amount deemed due from you in any manner."
I have already requested (via email to the reporting manager and HR representative), but they have not replied. I have proposed to pay the amount equal to the balance notice period time for immediate relieving, but they have not confirmed anything in writing.
Request for Suggestions
I kindly request your suggestions on the proper and smooth way to obtain immediate relieving. Also, please advise if this type of relieving could be harmful to my career/future prospects (i.e., being willing to pay the differential without serving the complete notice period). Please advise on the further course of action.
Thank you in advance.
With Regards,
From India, Noida
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I am working with a Ltd. (Indian company) as a Senior Officer Commercial since the 18th of Nov '2013. As per the offer letter acknowledged by me, I have to serve one month's notice or pay. I have already resigned on 12.2.15 and requested an immediate relieving letter. However, my HOD is verbally insisting on my relieving by 31st Mar '15. Currently, I have a good opportunity in another company where immediate joining is required along with a relieving letter from the previous employer.
Offer Letter Terms
I am sharing the exact wordings from the offer letter: "Your services may be terminated at any time by giving one month's notice, in writing on either side. In case you leave your employment without giving requisite notice, no relieving order will be issued, and settlement of dues will be at the discretion of the management. The management reserves the right to deduct, as liquidated damages, an amount equal to one month's gross salary from any amount due to you. If the amount is not available or insufficient, the management shall have the right to recover such amount deemed due from you in any manner."
I have already requested (via email to the reporting manager and HR representative), but they have not replied. I have proposed to pay the amount equal to the balance notice period time for immediate relieving, but they have not confirmed anything in writing.
Request for Suggestions
I kindly request your suggestions on the proper and smooth way to obtain immediate relieving. Also, please advise if this type of relieving could be harmful to my career/future prospects (i.e., being willing to pay the differential without serving the complete notice period). Please advise on the further course of action.
Thank you in advance.
With Regards,
From India, Noida
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As per the query, the other company wants you to join immediately with a relieving letter. However, as per your current company's rules, they will not provide you with a relieving letter until you serve the full notice period. It's unethical to break the rule just to get a good offer. (Again, a rule that was accepted by you and you want relaxation in that to get a better opportunity).
Suggestion: Consult the new company's HR and explain the situation. They might also have a notice period clause in their current company. Therefore, you may negotiate the terms with them by expressing your eagerness to join the company but explaining that you don't want to spoil the relationship with your current company due to the above reason. The other company's HR might have something that will facilitate your way out from your current company.
All the best.
From India, Ahmedabad
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32Suggestion: Consult the new company's HR and explain the situation. They might also have a notice period clause in their current company. Therefore, you may negotiate the terms with them by expressing your eagerness to join the company but explaining that you don't want to spoil the relationship with your current company due to the above reason. The other company's HR might have something that will facilitate your way out from your current company.
All the best.
From India, Ahmedabad
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Notice Period Extension Letter Format.doc