Hi, I am serving a notice period of 60 days in my current company. However, I have received a better opportunity where I need to join earlier. I have negotiated with the new employer, and they have given me 24 days to join. Therefore, I can serve the notice period with my current employer for only 24 days. I have asked my current employer for an early release, but they are insisting on a 69-day notice period.
Current Employer Policy
The current employer policy states: "In case you intend to resign from the services of the Company at any point in time, you are required to serve a 60-day Notice Period ('Notice Period') starting from the date of resignation. The Company may, at its sole discretion, permit you an early release by:
i. Adjusting the vacation leave accumulated towards a part of the notice period (whether in part or whole) and/or
ii. Allowing you to pay up for the notice period in lieu thereof on your annual gross compensation."
As per the current employer policy, it is at the company's sole discretion to grant an early release using the buyout option or vacation leave balance. I have requested both buyout and leave compensation, but my current employer is not agreeing to it. I cannot ask the new employer for another extension as they have already extended it by 24 days.
Seeking Guidance
Please guide me on the best approach to follow now. I have spoken to my HR, who is completely dependent on my manager's decision. My manager is not considering an early release. If I stop working after serving 24 days, will I be considered absconding, even though I have already sent an email and submitted my resignation to inform my current employer?
Claiming the Relieving Letter
What is the best approach to claim the relieving letter if I stop working after serving 24 days?
From India, Hyderabad
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Current Employer Policy
The current employer policy states: "In case you intend to resign from the services of the Company at any point in time, you are required to serve a 60-day Notice Period ('Notice Period') starting from the date of resignation. The Company may, at its sole discretion, permit you an early release by:
i. Adjusting the vacation leave accumulated towards a part of the notice period (whether in part or whole) and/or
ii. Allowing you to pay up for the notice period in lieu thereof on your annual gross compensation."
As per the current employer policy, it is at the company's sole discretion to grant an early release using the buyout option or vacation leave balance. I have requested both buyout and leave compensation, but my current employer is not agreeing to it. I cannot ask the new employer for another extension as they have already extended it by 24 days.
Seeking Guidance
Please guide me on the best approach to follow now. I have spoken to my HR, who is completely dependent on my manager's decision. My manager is not considering an early release. If I stop working after serving 24 days, will I be considered absconding, even though I have already sent an email and submitted my resignation to inform my current employer?
Claiming the Relieving Letter
What is the best approach to claim the relieving letter if I stop working after serving 24 days?
From India, Hyderabad
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Risks of Absconding from Your Job
In absconding from your job, you are taking a huge risk with tremendous adverse consequences, besides casting doubt on your integrity, ethics, and character. Is it all worth it? Perhaps you could have sought a little more time to join the new company.
Steps to Follow for Early Release
In the circumstances you have described, you need to follow up with your department head and HR for early release after considering the buyout option.
From India, Mumbai
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1593In absconding from your job, you are taking a huge risk with tremendous adverse consequences, besides casting doubt on your integrity, ethics, and character. Is it all worth it? Perhaps you could have sought a little more time to join the new company.
Steps to Follow for Early Release
In the circumstances you have described, you need to follow up with your department head and HR for early release after considering the buyout option.
From India, Mumbai
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Hi KK, I have been trying to convince my HR and senior manager, but they are not agreeing. I also have a doubt; I already intimated them with a resignation email, and they have accepted it as well. If I stop working after serving 24 days out of the required 60 days, would it still be considered an absconding case?
From India, Hyderabad
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From India, Hyderabad
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If you have a copy of the acceptance, they should not mark you as absconding. However, they will not provide you with a relieving letter. Therefore, convince your reporting manager for a notice period buyout to have a smooth exit. This way, it will not reflect negatively on your Background Verification (BGV).
Thank you.
From India, Mettupalayam
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Thank you.
From India, Mettupalayam
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Thank you, Murali! I agree that I will serve the notice period. However, it is also stated that if employees require early release, then based on company discretion, they will be given a buyout option and leave compensation. Now, when I am requesting to receive the payment or compensate for my remaining leave balance, they are not agreeing.
From India, Hyderabad
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From India, Hyderabad
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If you have any written proof where it is clearly stated that if employees require early release, then based on company discretion, they will provide a buyout option for the notice period and leave compensation, your current company is bound to release you. So, one last time, you should go to your manager or HR and discuss the same.
In case you do not have any such written proof, you have no other option but to try to convince them or your new employer. Since the whole situation is a little tricky, you should be patient and calm.
Hope it helps.
From India, Noida
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In case you do not have any such written proof, you have no other option but to try to convince them or your new employer. Since the whole situation is a little tricky, you should be patient and calm.
Hope it helps.
From India, Noida
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Yes, I do have written proof of the offer letter terms and conditions mentioned in the below-attached section number 9.b) Separation from the company: that, based on company discretion, they will give a buyout option for the notice period and leave compensation. I have been negotiating with my current employer for the past 30 days, but they are not agreeing. They have also extended the joining date with the new employer three times in a row, and now he is also not accepting any further extensions. I'm completely overstressed and unable to continue my work. Please suggest what action I should take next.
Please find the below-attached screenshot for your reference.
Thanks in Advance.
From India, Hyderabad
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Please find the below-attached screenshot for your reference.
Thanks in Advance.
From India, Hyderabad
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In such a situation where the employer is not letting you go and your future employer can't wait beyond 24 days, I suggest that you write about your problem to the new employer and obtain a written commitment from them. The commitment should state that even if you are not relieved from the current job, they should not demand an exit clearance letter from you. You can then share a copy of the mail addressed to your last employer, clearly stating your resignation and payment towards the balance due period.
You need to write a resignation letter to your employer, indicating that you are serving a one-month notice period and will pay for the remaining one month's notice. Your last day will be a specific date, and you request the company to settle any outstanding dues on that day. You may refer to the company's certified standing orders or adhere to the guidelines in the standard standing order.
Be Open and Be Bold.
From India, Pune
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You need to write a resignation letter to your employer, indicating that you are serving a one-month notice period and will pay for the remaining one month's notice. Your last day will be a specific date, and you request the company to settle any outstanding dues on that day. You may refer to the company's certified standing orders or adhere to the guidelines in the standard standing order.
Be Open and Be Bold.
From India, Pune
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Hi Dharmendra, I have written a resignation letter to my current employer stating that I can serve the notice period until a specific date. However, my current employer is not agreeing to an early release. When I inquired about a buyout option or leave compensation, they mentioned that the client is not accepting early releases due to their high attrition rate. I have been trying to convince them with multiple replies for 30 days, but I have not received a positive response from them yet.
From India, Hyderabad
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From India, Hyderabad
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Employer Discretion in Notice Periods
The weird and wonderful situations CiteHR members get themselves into never cease to amaze me.
But I digress. I am sure that in India, the situation is the same as elsewhere. The employer has complete discretion to do whatever suits their purpose and operational requirements, regardless of anything else.
In your case, your current employer, in its discretion, has said no, and you must serve your notice period. For whatever reason, they want your services, so that, for them, is the end of the story.
Trying to fight them is just prolonging your agony. You got yourself into a situation you have no control over by not thinking it all through in the beginning.
Employer Strategies to Mitigate Job Hopping
From reading many of these sorts of cases on CiteHR, I suspect employers in India are fed up with people constantly job hopping and are putting up barriers to try and mitigate it to some extent with long notice periods, bonds, etc.
From Australia, Melbourne
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The weird and wonderful situations CiteHR members get themselves into never cease to amaze me.
But I digress. I am sure that in India, the situation is the same as elsewhere. The employer has complete discretion to do whatever suits their purpose and operational requirements, regardless of anything else.
In your case, your current employer, in its discretion, has said no, and you must serve your notice period. For whatever reason, they want your services, so that, for them, is the end of the story.
Trying to fight them is just prolonging your agony. You got yourself into a situation you have no control over by not thinking it all through in the beginning.
Employer Strategies to Mitigate Job Hopping
From reading many of these sorts of cases on CiteHR, I suspect employers in India are fed up with people constantly job hopping and are putting up barriers to try and mitigate it to some extent with long notice periods, bonds, etc.
From Australia, Melbourne
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Notice Period Extension Letter Format.doc