Hi ,
I Am Working For Accenture In Bangalore. Its More Than 2 Yr In The Same Organisation, Recently I Got Offer From Very Good Company But They Are Asking Me To Join With In 40 Days But In My Current Company Notice Period Is 90 Days.
I Put My Exit Request For 40 Days Which Is 50 Days Less Than My Notice Period.
I Convinced My Supervisor, DU Lead And Project HR Rep.
They All Approved My Early Release But Last Approval Which Was Pending From Case Manager (Kind Of HR) , Has Rejected This Stating That Company Policy Says You Need To Serve 90 Days.
I Tried My Level Best To Convince Her But She Din't Agree For The Same.
There Is No Dependency On Me From Project End, I Explained This As Well,
I Am Ready For Notice Period Buyout, Even In My Terms Of Employment Clause Also States That
"You May At Any Time Terminate Your Employment By Giving The Company Ninety (90) Calendar Days Prior Written Notice. Upon You Providing Such Notice, Approval Of Any Request For Early Release And/Or Any Kind Of Waiver Will Be Granted At The Sole Discretion Of The Company And Will Be Subject To Terms And Conditions Of The Company, Including And Not Limiting To The Recovery In Lieu Of Notice Period Not Served."
So I Am Not Getting How To Proceed On This. Kindly Suggest On This, how can i challenge this decision.
From India, undefined
I Am Working For Accenture In Bangalore. Its More Than 2 Yr In The Same Organisation, Recently I Got Offer From Very Good Company But They Are Asking Me To Join With In 40 Days But In My Current Company Notice Period Is 90 Days.
I Put My Exit Request For 40 Days Which Is 50 Days Less Than My Notice Period.
I Convinced My Supervisor, DU Lead And Project HR Rep.
They All Approved My Early Release But Last Approval Which Was Pending From Case Manager (Kind Of HR) , Has Rejected This Stating That Company Policy Says You Need To Serve 90 Days.
I Tried My Level Best To Convince Her But She Din't Agree For The Same.
There Is No Dependency On Me From Project End, I Explained This As Well,
I Am Ready For Notice Period Buyout, Even In My Terms Of Employment Clause Also States That
"You May At Any Time Terminate Your Employment By Giving The Company Ninety (90) Calendar Days Prior Written Notice. Upon You Providing Such Notice, Approval Of Any Request For Early Release And/Or Any Kind Of Waiver Will Be Granted At The Sole Discretion Of The Company And Will Be Subject To Terms And Conditions Of The Company, Including And Not Limiting To The Recovery In Lieu Of Notice Period Not Served."
So I Am Not Getting How To Proceed On This. Kindly Suggest On This, how can i challenge this decision.
From India, undefined
The terms of your appointment states that the the company enjoys the sole discretion to grant any request of the waiver of notice period or any short fall thereof. In your case the company exercised the discretion not to grant it.However the decision was taken by the Case Manager. Normally an authority higher than him can reverse the decision. Therefore one option is to escalate the matter to higher level.However, you need to be tactful in articulating your case. You can frame your prayer/ pleading or argument on the following lines.
1)that the terms of appointment.vests the discretionary power to be exercised by the management
2) It means the contract envisages occasions for such requests and it does not intend to close the doors to any request for waiver of notice period.
3) when the contract provides a discretionary power, it is meant to be used only in fit cases but not to be refused in which case the very incorporation of the clause in the letter of appointment becomes superfluous and if it is not to be used then it is as good as it is not part of the contract.which goes against the letter and spirit of the contract.
4) Your's is a fit case and provides right occasion where such discretion can be exercised positively as you are ready for buy out the short fall.and your absence doe snot affect the project and the officers below have all recommended your request.
In the mean time, contact your new employer to explore any chance to gain some more time to join there so that you can reduce the period of short fall for which the existing employer may agree. Try all possibilities where you can achieve a win-win solution.
B.Saikumar
navi Mumbai
From India, Mumbai
18981)that the terms of appointment.vests the discretionary power to be exercised by the management
2) It means the contract envisages occasions for such requests and it does not intend to close the doors to any request for waiver of notice period.
3) when the contract provides a discretionary power, it is meant to be used only in fit cases but not to be refused in which case the very incorporation of the clause in the letter of appointment becomes superfluous and if it is not to be used then it is as good as it is not part of the contract.which goes against the letter and spirit of the contract.
4) Your's is a fit case and provides right occasion where such discretion can be exercised positively as you are ready for buy out the short fall.and your absence doe snot affect the project and the officers below have all recommended your request.
In the mean time, contact your new employer to explore any chance to gain some more time to join there so that you can reduce the period of short fall for which the existing employer may agree. Try all possibilities where you can achieve a win-win solution.
B.Saikumar
navi Mumbai
From India, Mumbai
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