Hi, I have planned to resign from my current role due to not experiencing any growth in the last 2 years. My base location is Noida, and my reporting manager is in Mumbai. I have received a wonderful opportunity from an organization where they have offered me the growth I desired. However, they want me to join on an immediate basis and are not willing to adjust. I have managed to convince them to allow me to join within 70 days.
Notice Period Dilemma
The main problem is that the company I am currently working for has a notice period of 90 days, which is non-negotiable as per policy. I have spoken to my manager, but I am not receiving any support. They are insisting that I serve the entire notice period, but my next employer is not willing to wait.
HR Discussion Outcomes
Following a discussion with HR, she suggested the following outcomes:
1. If you do not serve the full 90 days and wish to leave early, we will issue a relieving letter.
2. A special clause will be included stating that the employee (me) has a notice period of 90 days but stopped reporting after 70 days.
3. I have agreed to pay for the notice shortfall.
4. The company will not re-hire me in the future.
My next employer has no issue with the clause. Now, please enlighten me on the following:
a. Will I face any challenges or hurdles in the future based on the clause mentioned in the relieving letter?
b. Is this acceptable since I can justify that I was not absconding but paid for the notice shortfall and received a relieving letter?
c. Is it just the clause mentioned in the letter, aside from completing the handover and all exit formalities?
Regards, Ved
**Location**: Delhi, India
From India, Delhi
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Notice Period Dilemma
The main problem is that the company I am currently working for has a notice period of 90 days, which is non-negotiable as per policy. I have spoken to my manager, but I am not receiving any support. They are insisting that I serve the entire notice period, but my next employer is not willing to wait.
HR Discussion Outcomes
Following a discussion with HR, she suggested the following outcomes:
1. If you do not serve the full 90 days and wish to leave early, we will issue a relieving letter.
2. A special clause will be included stating that the employee (me) has a notice period of 90 days but stopped reporting after 70 days.
3. I have agreed to pay for the notice shortfall.
4. The company will not re-hire me in the future.
My next employer has no issue with the clause. Now, please enlighten me on the following:
a. Will I face any challenges or hurdles in the future based on the clause mentioned in the relieving letter?
b. Is this acceptable since I can justify that I was not absconding but paid for the notice shortfall and received a relieving letter?
c. Is it just the clause mentioned in the letter, aside from completing the handover and all exit formalities?
Regards, Ved
**Location**: Delhi, India
From India, Delhi
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Understanding the Implications of the "STOP Reporting" Clause on a Relieving Letter
a. Future Challenges:
- The clause mentioned in your relieving letter, where you agree to stop reporting after 70 days and pay for the notice shortfall, may have implications in the future. While it may resolve your immediate situation, some potential challenges could arise:
- Reputational risk: Future employers may view this as a breach of contract or lack of commitment.
- Reference checks: Employers often contact previous companies for references, and this clause could raise questions about your professionalism.
- Legal implications: Depending on the labor laws in India and the specific terms of your employment contract, there could be legal repercussions if the previous employer decides to take action.
b. Acceptability and Justification:
- While you can justify that you were not absconding by agreeing to pay for the notice shortfall and receiving a relieving letter, it's essential to communicate this clearly to future employers during reference checks or interviews.
- Ensure that you have documentation to support your case, such as the relieving letter and proof of payment for the notice period shortfall.
c. Additional Considerations:
- Apart from the clause in the relieving letter, it is crucial to complete all exit formalities and handover processes diligently.
- Maintain professionalism throughout the transition period to mitigate any negative impact on your professional reputation.
In conclusion, while the "STOP Reporting" clause may offer a temporary solution, it is important to consider the long-term implications and handle the situation with transparency and professionalism to minimize any potential challenges in the future.
From India, Gurugram
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58a. Future Challenges:
- The clause mentioned in your relieving letter, where you agree to stop reporting after 70 days and pay for the notice shortfall, may have implications in the future. While it may resolve your immediate situation, some potential challenges could arise:
- Reputational risk: Future employers may view this as a breach of contract or lack of commitment.
- Reference checks: Employers often contact previous companies for references, and this clause could raise questions about your professionalism.
- Legal implications: Depending on the labor laws in India and the specific terms of your employment contract, there could be legal repercussions if the previous employer decides to take action.
b. Acceptability and Justification:
- While you can justify that you were not absconding by agreeing to pay for the notice shortfall and receiving a relieving letter, it's essential to communicate this clearly to future employers during reference checks or interviews.
- Ensure that you have documentation to support your case, such as the relieving letter and proof of payment for the notice period shortfall.
c. Additional Considerations:
- Apart from the clause in the relieving letter, it is crucial to complete all exit formalities and handover processes diligently.
- Maintain professionalism throughout the transition period to mitigate any negative impact on your professional reputation.
In conclusion, while the "STOP Reporting" clause may offer a temporary solution, it is important to consider the long-term implications and handle the situation with transparency and professionalism to minimize any potential challenges in the future.
From India, Gurugram
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Notice Period Extension Letter Format.doc