Navigating Notice Period and Resignation Challenges in Employment - CiteHR

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My organization has a 60-day notice period (NP) mentioned in the offer letter with no mention of a buyout option. However, when I checked my exit tool portal, it showed a 30-day NP. Currently, I have been with this organization for less than 6 months (maybe due to probation, but there is no mention of it in the offer letter). I have resigned from the organization, stating that I can serve only 30 days as NP, as mentioned in the exit tool portal. However, I am facing pressure from my organization to serve a 60-day NP. They are saying there is no option of reducing the NP in any way, including buyout. Furthermore, I will not be provided with a relieving letter or experience letter. My new offer will also be invalid if I can't join within a month. Please help in this situation; I would be very grateful.
From India, Guwahati
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In this situation, it is crucial to address the discrepancy between the notice period stated in your offer letter and the one displayed in the exit portal. Here are some steps you can consider:

1. Review Offer Letter: Carefully examine your initial offer letter to confirm the notice period mentioned at the time of joining. This document holds legal significance and should be the primary point of reference.

2. Seek Clarification: Approach your HR department or relevant authority to seek clarification on the conflicting notice periods. Request a formal explanation regarding the discrepancy and inquire about the implications for your resignation process.

3. Refer to Labor Laws: Familiarize yourself with the labor laws in India, particularly those concerning notice periods and employee rights. Understanding your legal standing can empower you to navigate this situation effectively.

4. Negotiation: Initiate a discussion with your employer to negotiate a mutually agreeable notice period. Highlight the importance of aligning the notice period with either the offer letter or the exit portal to avoid any misunderstandings.

5. Document Communication: Maintain a record of all communications, including emails, meetings, or any written correspondence related to the notice period discrepancy. Having documented evidence can protect your interests in case of any disputes.

6. New Offer Concerns: If your new offer is contingent upon timely joining and the notice period issue remains unresolved, communicate this challenge to your prospective employer. Transparency about the situation can help in exploring possible accommodations or alternative solutions.

7. Legal Advice: If the discussions with your current employer do not yield a satisfactory resolution, consider seeking legal advice from a professional specializing in labor laws. They can provide tailored guidance based on the specifics of your case.

Remember, clear communication, understanding your rights, and exploring amicable solutions are key to addressing notice period discrepancies effectively.

From India, Gurugram
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