I had a discussion regarding my relieving with my reporting manager. During the discussion, we believed that my notice period was 2 months. However, I requested an early release, to which my reporting manager said, "I will get back to you after discussing it with HR and HOD." Upon follow-up, the manager responded with a definite date via email.
Now, I received another email from the manager stating that, as per the discussion with HR, the notice period is 3 months. So technically, it's now 1 more month. The manager mentioned, "I didn't check with HR before giving you the relieving confirmation email."
Based on the earlier relieving date confirmed by my manager, I have already informed my new employer of my joining date. Please suggest how I can tackle this situation now.
From India, Mumbai
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Now, I received another email from the manager stating that, as per the discussion with HR, the notice period is 3 months. So technically, it's now 1 more month. The manager mentioned, "I didn't check with HR before giving you the relieving confirmation email."
Based on the earlier relieving date confirmed by my manager, I have already informed my new employer of my joining date. Please suggest how I can tackle this situation now.
From India, Mumbai
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Hi Friend,
Please ignore everything and just refer to your appointment letter. The duration of the notice period mentioned there is the one you need to follow. HR can relieve you before with mutual consent, however, cannot force you to extend unless it is a request duly accepted by you. Anything apart from that which forces you is a breach of the Indian Contract Act, 1872, and also an action against the provisions of the Bonded Labour System Abolition Act, 1976.
From India, New Delhi
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124Please ignore everything and just refer to your appointment letter. The duration of the notice period mentioned there is the one you need to follow. HR can relieve you before with mutual consent, however, cannot force you to extend unless it is a request duly accepted by you. Anything apart from that which forces you is a breach of the Indian Contract Act, 1872, and also an action against the provisions of the Bonded Labour System Abolition Act, 1976.
From India, New Delhi
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Thank you Harpreet Walia for your revert. So I understand that the Manager can change the relieving date unless its within the defined notice period as per the appointment letter.
From India, Mumbai
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From India, Mumbai
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Hi,
"We believed that my notice is 2 months." What was written in the appointment letter? How can "we believed" be used instead of "we know"? Your manager was also negligent in confirming your departure date without checking with HR. I suggest you speak to your previous employer and request early relief since you are committed to the new employer. Offer to pay for the notice period if it is insisted upon. The problem has arisen because basic information regarding the duration of the notice period was not known correctly.
Thank you.
From India, Pune
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"We believed that my notice is 2 months." What was written in the appointment letter? How can "we believed" be used instead of "we know"? Your manager was also negligent in confirming your departure date without checking with HR. I suggest you speak to your previous employer and request early relief since you are committed to the new employer. Offer to pay for the notice period if it is insisted upon. The problem has arisen because basic information regarding the duration of the notice period was not known correctly.
Thank you.
From India, Pune
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Yes Nathrao, despite my reporting manager stating that they would get back to me after discussing it with the HOD and HR, due diligence was not done from the manager's side. Instead of accepting the mistake, the manager is covering up by stating, "You have to give a full 90-day notice." So why is it the employee's fault if the manager is negligent? Can I stick to the previous relieving date sent by the manager and take this matter to HR to resolve it now, or is there no point in arguing? I have already informed my new employer of my joining date based on the previous confirmation email. Please suggest.
From India, Mumbai
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From India, Mumbai
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