I'm from India and recently got a job offer. The notice period with my current company is 60 days, but the new company wants me to join within 30 days.
Notice period clause in the offer letter
"Employment with the company may be terminated by either party by sending notice in writing and serving a notice period or pay in lieu of notice. The duration of the notice is 60 days. The company reserves the absolute right, at its sole discretion, to pay or recover the salary in lieu of the notice period."
I am willing to buy out the 30-day notice period. However, the current company is telling me that my manager's alignment is needed for this, who is obviously not aligned with my leaving early. Can I legally leave by offering to buy out the notice period regardless of my manager's alignment?
From India
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Notice period clause in the offer letter
"Employment with the company may be terminated by either party by sending notice in writing and serving a notice period or pay in lieu of notice. The duration of the notice is 60 days. The company reserves the absolute right, at its sole discretion, to pay or recover the salary in lieu of the notice period."
I am willing to buy out the 30-day notice period. However, the current company is telling me that my manager's alignment is needed for this, who is obviously not aligned with my leaving early. Can I legally leave by offering to buy out the notice period regardless of my manager's alignment?
From India
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Acceptance of Buy-Out Offer
Sorry, friend, you cannot do so, for acceptance of your buy-out offer is subject to the discretion of your employer only. Here, what they need is the concurrence of your immediate superior who is not so inclined, perhaps because of his concern for the work of the organization. You should try to get more time for joining from the prospective employer or better yet, try to convince your manager to recommend your buy-out.
Considerations When Switching Jobs
Whenever an already employed person intends to switch jobs for their betterment, they should be considerate about the time required by their present employer to find a suitable replacement as well as the maximum notice period for exit before accepting the new offer. If they happen to be a promising candidate for the job, certainly the prospective employer would allow sufficient joining time. On the contrary, being enticed by the attractive offer, if the employee hurriedly decides that they can easily buy out the notice period to make their exit quick and accepts the offer, it indicates that they make the transition cumbersome on their own.
Consequences of Quitting Without Formal Relieving
Therefore, if you dare to quit on your own just by paying the notice salary, without formal relieving, your present employer can take you to task by declaring you as an absconder. Such a stern action will spoil your career in the long run.
From India, Salem
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6108Sorry, friend, you cannot do so, for acceptance of your buy-out offer is subject to the discretion of your employer only. Here, what they need is the concurrence of your immediate superior who is not so inclined, perhaps because of his concern for the work of the organization. You should try to get more time for joining from the prospective employer or better yet, try to convince your manager to recommend your buy-out.
Considerations When Switching Jobs
Whenever an already employed person intends to switch jobs for their betterment, they should be considerate about the time required by their present employer to find a suitable replacement as well as the maximum notice period for exit before accepting the new offer. If they happen to be a promising candidate for the job, certainly the prospective employer would allow sufficient joining time. On the contrary, being enticed by the attractive offer, if the employee hurriedly decides that they can easily buy out the notice period to make their exit quick and accepts the offer, it indicates that they make the transition cumbersome on their own.
Consequences of Quitting Without Formal Relieving
Therefore, if you dare to quit on your own just by paying the notice salary, without formal relieving, your present employer can take you to task by declaring you as an absconder. Such a stern action will spoil your career in the long run.
From India, Salem
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Thank you, Umakanthan Sir, for your response. I would like to highlight that I have made every effort on my end to ensure that the transition is smooth. I have made a plan for the same and shared it across as well. However, I am not receiving sufficient support from my manager. My contract also does not state legally that I need to get the explicit approval of the manager. In my humble opinion, everything should not be in favor of the employer.
Regards,
Yash
From India
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Regards,
Yash
From India
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Formal and Informal Relationships in Organizations
The concern expressed by you in your first post is neatly explained by our Senior expert, Umakantan sir. Hence, I shall be answering your second post.
In an organizational scenario, you may find both formal and informal relationships. The formal relationship is the one which is framed in writing. Nobody can change this, except the topmost executive of the company.
The second is the informal relationship, where you have to meet your Manager or HOD to get their consent for the administration or management of your work. This need not be mentioned in your written employment contract.
Notice Period and Managerial Consent
Thus, serving the notice period after resignation is a written clause or condition in your employment contract, but seeking approval or consent from your department manager is an unwritten clause. Try to persuade and convince your manager that you have decided to leave your current company only for your career prospects.
If this does not work out, you may approach your prospective employer to extend your joining date until you are relieved from your current employer. A good professional employer will definitely be impressed by your request for an extension of the joining date.
From India, Aizawl
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The concern expressed by you in your first post is neatly explained by our Senior expert, Umakantan sir. Hence, I shall be answering your second post.
In an organizational scenario, you may find both formal and informal relationships. The formal relationship is the one which is framed in writing. Nobody can change this, except the topmost executive of the company.
The second is the informal relationship, where you have to meet your Manager or HOD to get their consent for the administration or management of your work. This need not be mentioned in your written employment contract.
Notice Period and Managerial Consent
Thus, serving the notice period after resignation is a written clause or condition in your employment contract, but seeking approval or consent from your department manager is an unwritten clause. Try to persuade and convince your manager that you have decided to leave your current company only for your career prospects.
If this does not work out, you may approach your prospective employer to extend your joining date until you are relieved from your current employer. A good professional employer will definitely be impressed by your request for an extension of the joining date.
From India, Aizawl
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Legal Notice for Breach of Notice Period .docx
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