Hello seniors,
Please spare some minutes to guide me; it can be critically important for my career.
I have been working with an MNC for the last 7 months. Now, I have received a very good opportunity and want to switch companies. I sent the resignation by mail. However, the company's HR says that I have to stay there for a notice period of 3 months. I have tried a lot, but he is not convinced.
I am ready to pay the salary in lieu of the notice period. I have also sent an email saying this to the manager (to keep an official record). However, they are insisting that I serve the full 3 months and cannot pay for the notice period.
In my offer letter, it is stated word-for-word that "the contract can be terminated by either party by giving three months' written notice on either side or salary in lieu thereof."
My plan:
1. I will send another email to the company (in addition to the previous 2) stating that, in line with the previous emails, I have resigned, and my last date will be specified.
2. In the same email, I will ask for the amount of salary I will have to pay in lieu of serving the notice period.
3. If the company replies (less likely), I will pay that amount by DD (to maintain proof) and send it to them.
If the company doesn't reply (more likely), I will calculate the amount to be paid myself and still send them the DD, with the email stating, "please calculate the exact amount and accept the DD."
4. In the new company that I am joining, I will present the printout of all these documents as proof that I have left the previous company.
I believe I am not violating any rules here.
My queries are:
1. Should I make any changes to what I have planned?
2. Can the company harass me or take any legal action that could cause problems for me in the future?
Thank you
From United Kingdom
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1Please spare some minutes to guide me; it can be critically important for my career.
I have been working with an MNC for the last 7 months. Now, I have received a very good opportunity and want to switch companies. I sent the resignation by mail. However, the company's HR says that I have to stay there for a notice period of 3 months. I have tried a lot, but he is not convinced.
I am ready to pay the salary in lieu of the notice period. I have also sent an email saying this to the manager (to keep an official record). However, they are insisting that I serve the full 3 months and cannot pay for the notice period.
In my offer letter, it is stated word-for-word that "the contract can be terminated by either party by giving three months' written notice on either side or salary in lieu thereof."
My plan:
1. I will send another email to the company (in addition to the previous 2) stating that, in line with the previous emails, I have resigned, and my last date will be specified.
2. In the same email, I will ask for the amount of salary I will have to pay in lieu of serving the notice period.
3. If the company replies (less likely), I will pay that amount by DD (to maintain proof) and send it to them.
If the company doesn't reply (more likely), I will calculate the amount to be paid myself and still send them the DD, with the email stating, "please calculate the exact amount and accept the DD."
4. In the new company that I am joining, I will present the printout of all these documents as proof that I have left the previous company.
I believe I am not violating any rules here.
My queries are:
1. Should I make any changes to what I have planned?
2. Can the company harass me or take any legal action that could cause problems for me in the future?
Thank you
From United Kingdom
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Hi Vidhan1988,
Your plan is sound. I would only add that you should also send a photocopy of your offer letter highlighting the relevant lines. Additionally, you should send a hard copy by registered post. While the company has no grounds for legal action, they can make life difficult for you, for example, by not issuing a relieving letter or providing a good (if any) reference. Therefore, it is imperative that you keep all printouts and/or correspondence as proof.
Incidentally, should the company attempt to take legal action, bear in mind that you should counter any action by claiming (in the courts) "frivolous action by the company". The courts do not take lightly any attempt to waste the court's valuable time and resources. I hope the above is useful.
Warm Regards,
Harsh
From United Kingdom, Barrow
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Your plan is sound. I would only add that you should also send a photocopy of your offer letter highlighting the relevant lines. Additionally, you should send a hard copy by registered post. While the company has no grounds for legal action, they can make life difficult for you, for example, by not issuing a relieving letter or providing a good (if any) reference. Therefore, it is imperative that you keep all printouts and/or correspondence as proof.
Incidentally, should the company attempt to take legal action, bear in mind that you should counter any action by claiming (in the courts) "frivolous action by the company". The courts do not take lightly any attempt to waste the court's valuable time and resources. I hope the above is useful.
Warm Regards,
Harsh
From United Kingdom, Barrow
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Thank you, Harsh Sir,
It has indeed helped me. However, I would like to mention that I am not from the UK, as has been shown on my profile. I am from Pune, and I do not know why the profile settings show my location as the UK.
As you have mentioned about the relieving letter, I actually do not need to submit the relieving letter to the best of my knowledge. In fact, even if I do not receive the experience letter from the company, I am willing to let that go too. However, I am worried if they take any legal action, as you have mentioned; though the offer letter clearly states that I can pay the salary in lieu.
Thank you very much for your help and regards.
From United Kingdom
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It has indeed helped me. However, I would like to mention that I am not from the UK, as has been shown on my profile. I am from Pune, and I do not know why the profile settings show my location as the UK.
As you have mentioned about the relieving letter, I actually do not need to submit the relieving letter to the best of my knowledge. In fact, even if I do not receive the experience letter from the company, I am willing to let that go too. However, I am worried if they take any legal action, as you have mentioned; though the offer letter clearly states that I can pay the salary in lieu.
Thank you very much for your help and regards.
From United Kingdom
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Hi Vidhan,
It does not matter where you are. Good HR practice is good HR practice, anywhere in the world. Sites such as this help to spread the good practice, and we learn from each other for everyone's betterment.
Regards,
Harsh
From United Kingdom, Barrow
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It does not matter where you are. Good HR practice is good HR practice, anywhere in the world. Sites such as this help to spread the good practice, and we learn from each other for everyone's betterment.
Regards,
Harsh
From United Kingdom, Barrow
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Hi Vidhaan,
I would suggest the following minor changes if they suit you:
1) Instead of a DD, give a cheque. It is always better than a DD, which is just as good as cash.
2) Do not forget to cross the cheque as "Accounts Payee Only" and don't give a bearer cheque that anyone can encash over the counter.
3) In addition to resending the email, send your resignation via registered mail with an acknowledgment slip to have better proof in your favor if things go bad.
4) The chances of them taking any legal action seem low because of their practice of a 3-month notice and not abiding by their own terms and not being ready to discuss early relieving. However, may I ask what tenure you are suggesting to serve?
5) Include the following line in your resignation:
"As per the clause no. ____ in the issued appointment letter, which states - the contract can be terminated by either party by giving three months' written notice on either side or salary in lieu thereof - I would like to resign and be relieved by [Last working date]. I will be serving my notice period of ____ days and would pay the salary in lieu of it for the balance notice as per the option in the appointment letter issued."
In addition to this, I would like to ask:
1) Did you mention the reason for resignation in your letter? If so, what was it?
2) Did your HR or supervisor tell you the reason for why they are not accepting the notice buyout option when they have clearly mentioned it in the appointment letter?
All the best.
From India, Mumbai
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I would suggest the following minor changes if they suit you:
1) Instead of a DD, give a cheque. It is always better than a DD, which is just as good as cash.
2) Do not forget to cross the cheque as "Accounts Payee Only" and don't give a bearer cheque that anyone can encash over the counter.
3) In addition to resending the email, send your resignation via registered mail with an acknowledgment slip to have better proof in your favor if things go bad.
4) The chances of them taking any legal action seem low because of their practice of a 3-month notice and not abiding by their own terms and not being ready to discuss early relieving. However, may I ask what tenure you are suggesting to serve?
5) Include the following line in your resignation:
"As per the clause no. ____ in the issued appointment letter, which states - the contract can be terminated by either party by giving three months' written notice on either side or salary in lieu thereof - I would like to resign and be relieved by [Last working date]. I will be serving my notice period of ____ days and would pay the salary in lieu of it for the balance notice as per the option in the appointment letter issued."
In addition to this, I would like to ask:
1) Did you mention the reason for resignation in your letter? If so, what was it?
2) Did your HR or supervisor tell you the reason for why they are not accepting the notice buyout option when they have clearly mentioned it in the appointment letter?
All the best.
From India, Mumbai
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Thank you, Ankita ma'am,
Yes, if that is the case, I will send the cheque. My initial intention in considering sending the DD was to have proof that I had issued it. I believed that if they did not process the cheque, I would not have any evidence.
Yes, I will also send the resignation via registered mail. However, I am unsure about what an acknowledgment slip is. Is it the slip I will receive when they accept the post?
In my resignation email, I initially proposed serving a 10-day notice period and paying the remainder as salary. Following numerous discussions, I have extended this to a total of 18 days, including the day of resignation. The reason I provided in the email was 'for career prospects.'
I was informed that they needed someone to replace me, which is why they wanted me to stay. However, I have little to no work and spend the entire day in the office. This issue seems to be common for everyone who leaves the Pune office.
One more question:
As mentioned in my resignation email, I stated my last working day would be after 10 days. If I decide to extend for an additional week, when should I communicate the updated date? (I have informed them verbally, although they have not agreed.) Can I notify them just one day before I leave? If I inform them now, it may lead to daily arguments, which I am tired of.
Thank you once again for your interest and regards.
From United Kingdom
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Yes, if that is the case, I will send the cheque. My initial intention in considering sending the DD was to have proof that I had issued it. I believed that if they did not process the cheque, I would not have any evidence.
Yes, I will also send the resignation via registered mail. However, I am unsure about what an acknowledgment slip is. Is it the slip I will receive when they accept the post?
In my resignation email, I initially proposed serving a 10-day notice period and paying the remainder as salary. Following numerous discussions, I have extended this to a total of 18 days, including the day of resignation. The reason I provided in the email was 'for career prospects.'
I was informed that they needed someone to replace me, which is why they wanted me to stay. However, I have little to no work and spend the entire day in the office. This issue seems to be common for everyone who leaves the Pune office.
One more question:
As mentioned in my resignation email, I stated my last working day would be after 10 days. If I decide to extend for an additional week, when should I communicate the updated date? (I have informed them verbally, although they have not agreed.) Can I notify them just one day before I leave? If I inform them now, it may lead to daily arguments, which I am tired of.
Thank you once again for your interest and regards.
From United Kingdom
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Hello Vidhan1988,
Like Harsh & Ankita Shah mentioned, it does seem to be a nicely laid-out plan. Also, you mentioned that "I actually do not need to submit the relieving letter as per the best of my knowledge" -- is this your assumption or have you checked it out with the new company? Better check it out through emails [not verbal] -- such decisions shouldn't be based on assumptions.
Regarding your being 'fed-up' with the issue being discussed daily, I guess you need to be prepared for such a scenario -- part of the game :-)
Regarding your query about 'acknowledgement slip', what Ankita meant was to send it through Registered Post -- Ack Due. Your letter will be attached to another card which the addressee is supposed to sign & this comes back to your address -- legally this is the only acceptable proof of sending any document. Just ask in the Post Office -- they will guide you.
All the Best.
Regards,
TS
From India, Hyderabad
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Like Harsh & Ankita Shah mentioned, it does seem to be a nicely laid-out plan. Also, you mentioned that "I actually do not need to submit the relieving letter as per the best of my knowledge" -- is this your assumption or have you checked it out with the new company? Better check it out through emails [not verbal] -- such decisions shouldn't be based on assumptions.
Regarding your being 'fed-up' with the issue being discussed daily, I guess you need to be prepared for such a scenario -- part of the game :-)
Regarding your query about 'acknowledgement slip', what Ankita meant was to send it through Registered Post -- Ack Due. Your letter will be attached to another card which the addressee is supposed to sign & this comes back to your address -- legally this is the only acceptable proof of sending any document. Just ask in the Post Office -- they will guide you.
All the Best.
Regards,
TS
From India, Hyderabad
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Hi Vidhan,
[QUOTE=Vidhan1988;2059896]
Yes, if that is the case, I will send the cheque. My initial thought to send the DD was to have proof that I issued it. I thought if they do not process the cheque, I wouldn't have any evidence.
The reason I suggested not making a DD is that once you make one, the transaction is irrevocable.
You can always keep a photocopy of the cheque. When you go for your F&F, you can get a signature as proof of receipt by them.
Whether or not to deposit it is their personal concern. We have fulfilled our obligation by paying the dues.
Yes, I will send the resignation via registered mail. However, I am unsure about what an acknowledgment slip is. Is it the slip I receive when they accept the letter?
I believe you would be satisfied with TS's explanation. He articulated it very well.
In my resignation email, I initially planned to serve a 10-day notice period and pay the remainder as salary. After discussions, I have extended it to 18 days in total, including the resignation day.
The reason cited in the email was 'for career prospects.'
I mentioned that they needed someone to replace me, but I have little work and spend the whole day in the office, a common issue for those leaving the Pune office.
Please update this in your resignation letter. You can modify it as follows:
This is regarding the resignation I submitted on [Resigned Date].
As mentioned earlier, due to career prospects, I wish to end my employment and would appreciate an earlier release.
Referring to clause ___ of the appointment letter, the termination policy states "copy paste the exact words," and I opt for the notice buyout.
In my previous letter dated as above, I stated my last working date as [Date 1]. However, after our discussions, I extend it to [Date 2] with mutual consent.
I trust that you will release me on [Date 2] with a relieving and experience letter.
Thank you for your support.
One more question:
In the resignation mail I sent, I mentioned my last date as 10 days from now. If I serve an additional week, when should I inform them of the updated date? I verbally informed them, though they have not agreed. Can I send it just 1 day before I leave? Because sending it now could lead to daily discussions, which I am tired of.
Thank you for your attention and regards.
Trust I have addressed your query.
Best regards.
From India, Mumbai
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[QUOTE=Vidhan1988;2059896]
Yes, if that is the case, I will send the cheque. My initial thought to send the DD was to have proof that I issued it. I thought if they do not process the cheque, I wouldn't have any evidence.
The reason I suggested not making a DD is that once you make one, the transaction is irrevocable.
You can always keep a photocopy of the cheque. When you go for your F&F, you can get a signature as proof of receipt by them.
Whether or not to deposit it is their personal concern. We have fulfilled our obligation by paying the dues.
Yes, I will send the resignation via registered mail. However, I am unsure about what an acknowledgment slip is. Is it the slip I receive when they accept the letter?
I believe you would be satisfied with TS's explanation. He articulated it very well.
In my resignation email, I initially planned to serve a 10-day notice period and pay the remainder as salary. After discussions, I have extended it to 18 days in total, including the resignation day.
The reason cited in the email was 'for career prospects.'
I mentioned that they needed someone to replace me, but I have little work and spend the whole day in the office, a common issue for those leaving the Pune office.
Please update this in your resignation letter. You can modify it as follows:
This is regarding the resignation I submitted on [Resigned Date].
As mentioned earlier, due to career prospects, I wish to end my employment and would appreciate an earlier release.
Referring to clause ___ of the appointment letter, the termination policy states "copy paste the exact words," and I opt for the notice buyout.
In my previous letter dated as above, I stated my last working date as [Date 1]. However, after our discussions, I extend it to [Date 2] with mutual consent.
I trust that you will release me on [Date 2] with a relieving and experience letter.
Thank you for your support.
One more question:
In the resignation mail I sent, I mentioned my last date as 10 days from now. If I serve an additional week, when should I inform them of the updated date? I verbally informed them, though they have not agreed. Can I send it just 1 day before I leave? Because sending it now could lead to daily discussions, which I am tired of.
Thank you for your attention and regards.
Trust I have addressed your query.
Best regards.
From India, Mumbai
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Hello TS,
Actually, I am placed with a semi-government company in the IT wing. They have sent the list of documents to be provided, and there is no mention of any document from the previous employer. However, current government employees are required to submit the relieving letter. Thus, I believe I will not need any relieving letter. Does this sound risky? I was thinking of asking them over the phone or by email, but I assume they will say 'yes' if I ask, and they will not ask for it if I don't submit.
Hello Ankita mam,
Thank you very much!! Now I have the format as well!! I really appreciate the help you seniors are providing. Even if I had some vague answers in the back of my mind, it helps a lot to hear the opinion from the seniors!!
From United Kingdom
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Actually, I am placed with a semi-government company in the IT wing. They have sent the list of documents to be provided, and there is no mention of any document from the previous employer. However, current government employees are required to submit the relieving letter. Thus, I believe I will not need any relieving letter. Does this sound risky? I was thinking of asking them over the phone or by email, but I assume they will say 'yes' if I ask, and they will not ask for it if I don't submit.
Hello Ankita mam,
Thank you very much!! Now I have the format as well!! I really appreciate the help you seniors are providing. Even if I had some vague answers in the back of my mind, it helps a lot to hear the opinion from the seniors!!
From United Kingdom
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Hello Vidhan1988,
I understand your point regarding the List of Documents. But what if they ask you about it when you arrive for joining? However, you do have a valid point in asking them now and reminding them to include the Relieving Letter in the list. I suggest casually checking with any employee in that company except the HR team - you should receive accurate information to aid in your decision-making process.
All the best.
Regards,
TS
From India, Hyderabad
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I understand your point regarding the List of Documents. But what if they ask you about it when you arrive for joining? However, you do have a valid point in asking them now and reminding them to include the Relieving Letter in the list. I suggest casually checking with any employee in that company except the HR team - you should receive accurate information to aid in your decision-making process.
All the best.
Regards,
TS
From India, Hyderabad
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Dear Vidhan1988,
Good plan outlined by you. Good suggestions from Harsh, Ankita & TS. It doesn't matter whether it is a cheque or DD; I would prefer DD. My intention for making the payment is very clear in it. The payment is made from my side, and my account is also debited. This may assist me in court.
One thing that caught my attention is that you mentioned the clause in the offer letter but did not reference anything about the appointment letter. If your appointment letter specifies that a three-month notice is required from either side and a salary on notice pay in lieu of short notice, I regret to inform you, dear, that you cannot do anything but complete the notice period. Some companies are very inflexible and require physical attendance during the notice period.
Best wishes to you.
From India, Mumbai
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Good plan outlined by you. Good suggestions from Harsh, Ankita & TS. It doesn't matter whether it is a cheque or DD; I would prefer DD. My intention for making the payment is very clear in it. The payment is made from my side, and my account is also debited. This may assist me in court.
One thing that caught my attention is that you mentioned the clause in the offer letter but did not reference anything about the appointment letter. If your appointment letter specifies that a three-month notice is required from either side and a salary on notice pay in lieu of short notice, I regret to inform you, dear, that you cannot do anything but complete the notice period. Some companies are very inflexible and require physical attendance during the notice period.
Best wishes to you.
From India, Mumbai
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Respected Korgaonkar sir,
I may sound completely ignorant, but I do not know the difference between an offer letter and an appointment letter. After the interviews when I got selected, I was sent a letter in the mail and the same in hard copy, which contained CTC information and some other rules. I signed and submitted it. I was talking about that letter.
The sentence that was in the letter was as follows:
"..after completion of the probation period, the contract can be terminated by either party by giving three months' written notice on either side or salary in lieu thereof."
From United Kingdom
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I may sound completely ignorant, but I do not know the difference between an offer letter and an appointment letter. After the interviews when I got selected, I was sent a letter in the mail and the same in hard copy, which contained CTC information and some other rules. I signed and submitted it. I was talking about that letter.
The sentence that was in the letter was as follows:
"..after completion of the probation period, the contract can be terminated by either party by giving three months' written notice on either side or salary in lieu thereof."
From United Kingdom
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Hello Vidhan,
The two letters are usually distinct. However, it is increasingly common for many firms not to issue an official offer letter. The reason is simple; candidates tend to misuse the offer letter by using it to leverage job opportunities with higher compensation. Therefore, many companies either verbally extend the offer or, if they do provide it in writing, they include limited information to prevent misuse.
From the information provided, it seems that the letter you signed is an appointment letter. Make sure you have a duplicate copy of it for your records and review the subject line.
As mentioned, an offer letter signifies the company's intent to hire you but does not confirm your employment status. It usually does not specify your exact start date, only an approximate date for your potential hiring.
If you are considering whether, with only an offer letter and not an appointment letter, you can forego serving notice and opt to provide salary instead, it is advisable to communicate openly, negotiate respectfully, and resign professionally.
Remember, the relationships you build during your career journey are valuable, and maintaining a positive rapport can be beneficial in the future. Strive to conduct yourself with grace and integrity in all your interactions.
Hope this information proves helpful.
From India, Mumbai
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The two letters are usually distinct. However, it is increasingly common for many firms not to issue an official offer letter. The reason is simple; candidates tend to misuse the offer letter by using it to leverage job opportunities with higher compensation. Therefore, many companies either verbally extend the offer or, if they do provide it in writing, they include limited information to prevent misuse.
From the information provided, it seems that the letter you signed is an appointment letter. Make sure you have a duplicate copy of it for your records and review the subject line.
As mentioned, an offer letter signifies the company's intent to hire you but does not confirm your employment status. It usually does not specify your exact start date, only an approximate date for your potential hiring.
If you are considering whether, with only an offer letter and not an appointment letter, you can forego serving notice and opt to provide salary instead, it is advisable to communicate openly, negotiate respectfully, and resign professionally.
Remember, the relationships you build during your career journey are valuable, and maintaining a positive rapport can be beneficial in the future. Strive to conduct yourself with grace and integrity in all your interactions.
Hope this information proves helpful.
From India, Mumbai
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Hello Ankita mam,
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Yes, I understand that I should not spoil the relations but I have no other option than leaving the company earlier than I should have.. I know it's going to create these conflicts but I will just try to make it as less problematic as possible.. That's the reason I am extending the service as much as I can.
Anyways, from the advices of you all, I guess I should do as I had planned, with the modifications that you had suggested.
The only query from all this remains to me is, should I send the mail with the revised last date (in the format which ankita mam gave) now? Or just some 1-2 days before the revised last date (to avoid daily confrontation)? I definitely prefer the second option :-)
From United Kingdom
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Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Yes, I understand that I should not spoil the relations but I have no other option than leaving the company earlier than I should have.. I know it's going to create these conflicts but I will just try to make it as less problematic as possible.. That's the reason I am extending the service as much as I can.
Anyways, from the advices of you all, I guess I should do as I had planned, with the modifications that you had suggested.
The only query from all this remains to me is, should I send the mail with the revised last date (in the format which ankita mam gave) now? Or just some 1-2 days before the revised last date (to avoid daily confrontation)? I definitely prefer the second option :-)
From United Kingdom
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Hello Vidhan,
[QUOTE=Vidhan1988;2060182]Hello Ankita mam,
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Resigning usually creates such tensed situation especially in SMBs and when the separation is unplanned or uncalled for.
But it is okay, I believe every employee has a right to decide if or not they want to work with the company. I believe coming to mutual consent and negotiating the notice period will be the best option.
Did you inform your new employer about this situation? By the way had you mentioned your new employer about the 3 month's notice you have to serve?
I believe be a little firm on your decision. Communicate your issues with the HR of the current employment and ask your HR about the issues and mutually negotiate.
Tell the HR you are unable to attend post so and so date as was finalized in the last meet.
From India, Mumbai
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[QUOTE=Vidhan1988;2060182]Hello Ankita mam,
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Resigning usually creates such tensed situation especially in SMBs and when the separation is unplanned or uncalled for.
But it is okay, I believe every employee has a right to decide if or not they want to work with the company. I believe coming to mutual consent and negotiating the notice period will be the best option.
Did you inform your new employer about this situation? By the way had you mentioned your new employer about the 3 month's notice you have to serve?
I believe be a little firm on your decision. Communicate your issues with the HR of the current employment and ask your HR about the issues and mutually negotiate.
Tell the HR you are unable to attend post so and so date as was finalized in the last meet.
From India, Mumbai
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Vidhan1988,
The new firm (semi-government organization) where you are anticipating the joining,
I am sure you must have gone there for an interview.
My question to you is this -
1) Did you show your current exposure to them?
In simpler words, had you put your employment with your current firm (from where you're resigning) into your experience section?
2) Did you talk of any notice period clause in your appointment letter?
Asking you to submit documents is a different thing, and asking you about your notice period is different.
Secondly, just because they have not asked you to submit anything does not mean that you can do away with a relieving letter.
As you said if it's a semi-government organization and we all are very much aware of the speed and work of government firms, there is a possibility that they ask you to submit your relieving letter post-joining and then say unless you submit this, we won't confirm you. What would you do in this situation?
See, I am being devil's advocate now and trying to show you both sides. All that I want to convey is a relieving letter is important proof of your employment and a peaceful relieve.
Another thing, as you mentioned that the new firm is not giving you any flexibility to the joining date. Can you elaborate on:
1) How did you get to know about this opening? I mean, is this through some recruiter or advertisement or some bulk hiring through entrance test and all?
2) Was there any tentative date for joining shared ever?
3) Not even once did they ask about the notice period? As far as I have experienced, this is one concern for a recruiter/interviewer - how early can you join us. One of the most common questions in the interview.
When did you resign from current employment? I mean the same day that you were told you are selected or when?
See, the problem is many times we just have to look at our perception and fail to address others' concern. I can very well understand your situation that when you are getting a better opportunity, why would you want to be stuck with this one. If you do, that would be an opportunity cost.
At the same time, if we look at the company's perspective, they did bear a cost to hire you and will bear a cost to seek a replacement.
I am not saying that you are wrong in your approach, but just a thing that it would really be a smooth exit if both parties can acknowledge each other's perspective.
Anyway, coming back to your case, as I said, send your resignation with a revised date asap because if you delay it, they would say you are informing us today that tomorrow is your last working day.
Do not burn your bridges is all that I would want to say at the end.
From India, Mumbai
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The new firm (semi-government organization) where you are anticipating the joining,
I am sure you must have gone there for an interview.
My question to you is this -
1) Did you show your current exposure to them?
In simpler words, had you put your employment with your current firm (from where you're resigning) into your experience section?
2) Did you talk of any notice period clause in your appointment letter?
Asking you to submit documents is a different thing, and asking you about your notice period is different.
Secondly, just because they have not asked you to submit anything does not mean that you can do away with a relieving letter.
As you said if it's a semi-government organization and we all are very much aware of the speed and work of government firms, there is a possibility that they ask you to submit your relieving letter post-joining and then say unless you submit this, we won't confirm you. What would you do in this situation?
See, I am being devil's advocate now and trying to show you both sides. All that I want to convey is a relieving letter is important proof of your employment and a peaceful relieve.
Another thing, as you mentioned that the new firm is not giving you any flexibility to the joining date. Can you elaborate on:
1) How did you get to know about this opening? I mean, is this through some recruiter or advertisement or some bulk hiring through entrance test and all?
2) Was there any tentative date for joining shared ever?
3) Not even once did they ask about the notice period? As far as I have experienced, this is one concern for a recruiter/interviewer - how early can you join us. One of the most common questions in the interview.
When did you resign from current employment? I mean the same day that you were told you are selected or when?
See, the problem is many times we just have to look at our perception and fail to address others' concern. I can very well understand your situation that when you are getting a better opportunity, why would you want to be stuck with this one. If you do, that would be an opportunity cost.
At the same time, if we look at the company's perspective, they did bear a cost to hire you and will bear a cost to seek a replacement.
I am not saying that you are wrong in your approach, but just a thing that it would really be a smooth exit if both parties can acknowledge each other's perspective.
Anyway, coming back to your case, as I said, send your resignation with a revised date asap because if you delay it, they would say you are informing us today that tomorrow is your last working day.
Do not burn your bridges is all that I would want to say at the end.
From India, Mumbai
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Hello,
In reference to the query, I need to mention here that there are quite a number of organizations that do not accept money in lieu of the notice period, even though they mention it in the appointment letter. The basic reason for doing so is that all employees are entrusted with certain responsibilities that they have to execute. When the concerned employee resigns, before leaving the organization, they have to complete the responsibilities and, at the same time, explain their profile to the new joiner. The organization takes these 3 months to find a replacement for the resigned employee if they do not have one available.
Your strategy is absolutely correct. The organization cannot initiate any legal action against you. There might be a delay in sending you the relieving letter, but beyond that, there will be absolutely no problems for you. Nowadays, organizations are not resorting to such behavior, which ultimately tarnishes their image in the job market. The organization and the employee share a symbiotic relationship; they are interdependent.
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In reference to the query, I need to mention here that there are quite a number of organizations that do not accept money in lieu of the notice period, even though they mention it in the appointment letter. The basic reason for doing so is that all employees are entrusted with certain responsibilities that they have to execute. When the concerned employee resigns, before leaving the organization, they have to complete the responsibilities and, at the same time, explain their profile to the new joiner. The organization takes these 3 months to find a replacement for the resigned employee if they do not have one available.
Your strategy is absolutely correct. The organization cannot initiate any legal action against you. There might be a delay in sending you the relieving letter, but beyond that, there will be absolutely no problems for you. Nowadays, organizations are not resorting to such behavior, which ultimately tarnishes their image in the job market. The organization and the employee share a symbiotic relationship; they are interdependent.
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Hello Ankita mam,
1. Yes, I did mention the current employer during the interview.
2. The interviewers did not ask me about any notice period clause and, in fact, anything about my company.
During the last 2-3 days, I asked as many seniors as possible, and I got the answer from almost everyone that they will ask for the relieving letter if the employer was a government organization (They have also written this in the list of documents to be given).
However, as you said, I should be prepared for that also, but there seems no possibility as of now that the company will give me the relieving letter. So I guess all I can do is to collect all the documents regarding my resignation and willingness to pay for the notice period. I can just hope that this will not create any problems.
1. The recruiter hires through a national entrance test followed by an interview, which I came to know from newspapers.
2. They did not share any tentative joining date; however, I got the offer letter (by e-mail) 1 month before the joining date.
3. They never bothered about my notice period. They would just declare results and give us a joining date. If someone cannot join, they will extend the waiting list accordingly.
I resigned from my current employment the next day after I got the offer letter.
I understand the view of the company too, but sadly there is not much that I can do, and the company also has not been moving from their first stand.
As you suggested, I sent the resignation with a revised date on the same day of your reply. But in 3 working days, they have not replied anything about it, as I had expected.
Now I am planning to send the same resignation letter by registered AD also. I have some small doubts regarding that:
1. Till now they have not disclosed anything about the payment I have to make. So I should send the cheque/DD later through another registered post later, based on their response/non-response, right?
2. Is it mandatory that my registered post should reach the company before my last date? Is it possible that the company will say that they will consider my resignation from the date they received the registered post only? I have already sent them the emails declaring my resignation, from my official mail ID (Though they have not replied to the emails a single time, only replied verbally).
Thank you and regards,
Vidhan
From United Kingdom
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1. Yes, I did mention the current employer during the interview.
2. The interviewers did not ask me about any notice period clause and, in fact, anything about my company.
During the last 2-3 days, I asked as many seniors as possible, and I got the answer from almost everyone that they will ask for the relieving letter if the employer was a government organization (They have also written this in the list of documents to be given).
However, as you said, I should be prepared for that also, but there seems no possibility as of now that the company will give me the relieving letter. So I guess all I can do is to collect all the documents regarding my resignation and willingness to pay for the notice period. I can just hope that this will not create any problems.
1. The recruiter hires through a national entrance test followed by an interview, which I came to know from newspapers.
2. They did not share any tentative joining date; however, I got the offer letter (by e-mail) 1 month before the joining date.
3. They never bothered about my notice period. They would just declare results and give us a joining date. If someone cannot join, they will extend the waiting list accordingly.
I resigned from my current employment the next day after I got the offer letter.
I understand the view of the company too, but sadly there is not much that I can do, and the company also has not been moving from their first stand.
As you suggested, I sent the resignation with a revised date on the same day of your reply. But in 3 working days, they have not replied anything about it, as I had expected.
Now I am planning to send the same resignation letter by registered AD also. I have some small doubts regarding that:
1. Till now they have not disclosed anything about the payment I have to make. So I should send the cheque/DD later through another registered post later, based on their response/non-response, right?
2. Is it mandatory that my registered post should reach the company before my last date? Is it possible that the company will say that they will consider my resignation from the date they received the registered post only? I have already sent them the emails declaring my resignation, from my official mail ID (Though they have not replied to the emails a single time, only replied verbally).
Thank you and regards,
Vidhan
From United Kingdom
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Hi Vidhan,
[QUOTE=Vidhan1988;2061195]Hello Ankita mam,
1. Yes, I did mention the current employer during the interview.
2. The interviewers did not ask me about any notice period clause, and in fact, anything about my company.
During the last 2-3 days, I asked as many seniors as possible, and I got the answer from almost everyone that they will ask for the relieving letter if the employer was a government organization (They have also written this in the list of documents to be given).
However, as you said, I should be prepared for that also, but there seems no possibility as of now that the company will give me the relieving letter. So I guess all I can do is to collect all the documents regarding my resignation and willingness to pay for the notice period. I can just hope that this will not create any problems.
1. The recruiter hires through a national entrance test followed by an interview, which I came to know from newspapers.
I believe you mean to say the company wanted to hire for a position, and they placed an advertisement in the media (newspaper or others), and you read and applied for the entrance and later cleared the interview.
In this case, surely the company is unsure of the exact dates that they'd bring someone aboard due to several reasons.
2. They did not share any tentative joining date; however, I got the offer letter (by e-mail) 1 month before the joining date.
Kind of good that they let you know 1 month prior to the joining date so that you can serve the notice period and do a smooth exit. (The usual notice period is 1 month)
3. They never bothered about my notice period. They would just declare results and give us a joining date. If someone cannot join, they will extend the waiting list accordingly.
Yes, since they are hiring in bulk and they already have more candidates than their requirement, they have no need to entertain anybody and fancy their tantrums or problems.
So what should we do? After analyzing the below things...
I resigned from my current employment the next day after I got the offer letter.
I understand the view of the company too, but sadly there is not much that I can do, and the company also has not been moving from their first stand.
As you suggested, I sent the resignation with a revised date on the same day of your reply. But in 3 working days, they have not replied anything about it, as I had expected.
Now I am planning to send the same resignation letter by registered AD also. I have some small doubts regarding that:
Please make the Reg AD soon. It's always better that we send it as early as possible so that we are not liable.
1. Till now they have not disclosed anything about the payment I have to make. So I should send the cheque/DD later through another registered post later, based on their response/non-response, right?
I had a little different scenario. I had to pay rent to my landlord, and he refused to take it. After several attempts, what I did was asked a lawyer, drafted a letter, drafted a cheque of the pending amount, took a zerox of the letter and cheque, register Ad it to the landlord.
I had put in the letter that I am sending along with this letter a cheque for the rent settlement.
You can as well include the following:
Kindly note that enclosed with this letter is also a cheque dated _____ of amount _______ as salary in lieu of the remaining notice period of ______ days which I would be unable to comply by. The cheque is drawn on ______ Bank and has ______ cheque no.
Always remember to make the cheque A/c payees and put the name of the company. You can find the name on the salary cheques issued by them to you.
2. Is it mandatory that my registered post should reach the company before my last date? Is it possible that the company will say that they will consider my resignation from the date they received the registered post only? I have already sent them the e-mails declaring my resignation, from my official mail ID (Though they have not replied to the mails a single time, only replied verbally).
Sooner, the better.
Don't fail to track the records like this -
1) This is to mention that I sent my resignation on DATE via email to PERSON.
2) Since I didn't have a written revert for this and only verbal communication happened asking me to extend my last working day from DATE 1 to DATE 2, I resend my resignation with a revised last working date as DATE 2 on DATE to PERSON.
3) Again when I did not receive the acknowledgment of the resignation I sent, I hereby send you my resignation via Register AD to reemphasize the fact that my last working day with the company shall be DATE 2.
A post from a senior would actually make it stronger. All the best.
From India, Mumbai
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[QUOTE=Vidhan1988;2061195]Hello Ankita mam,
1. Yes, I did mention the current employer during the interview.
2. The interviewers did not ask me about any notice period clause, and in fact, anything about my company.
During the last 2-3 days, I asked as many seniors as possible, and I got the answer from almost everyone that they will ask for the relieving letter if the employer was a government organization (They have also written this in the list of documents to be given).
However, as you said, I should be prepared for that also, but there seems no possibility as of now that the company will give me the relieving letter. So I guess all I can do is to collect all the documents regarding my resignation and willingness to pay for the notice period. I can just hope that this will not create any problems.
1. The recruiter hires through a national entrance test followed by an interview, which I came to know from newspapers.
I believe you mean to say the company wanted to hire for a position, and they placed an advertisement in the media (newspaper or others), and you read and applied for the entrance and later cleared the interview.
In this case, surely the company is unsure of the exact dates that they'd bring someone aboard due to several reasons.
2. They did not share any tentative joining date; however, I got the offer letter (by e-mail) 1 month before the joining date.
Kind of good that they let you know 1 month prior to the joining date so that you can serve the notice period and do a smooth exit. (The usual notice period is 1 month)
3. They never bothered about my notice period. They would just declare results and give us a joining date. If someone cannot join, they will extend the waiting list accordingly.
Yes, since they are hiring in bulk and they already have more candidates than their requirement, they have no need to entertain anybody and fancy their tantrums or problems.
So what should we do? After analyzing the below things...
I resigned from my current employment the next day after I got the offer letter.
I understand the view of the company too, but sadly there is not much that I can do, and the company also has not been moving from their first stand.
As you suggested, I sent the resignation with a revised date on the same day of your reply. But in 3 working days, they have not replied anything about it, as I had expected.
Now I am planning to send the same resignation letter by registered AD also. I have some small doubts regarding that:
Please make the Reg AD soon. It's always better that we send it as early as possible so that we are not liable.
1. Till now they have not disclosed anything about the payment I have to make. So I should send the cheque/DD later through another registered post later, based on their response/non-response, right?
I had a little different scenario. I had to pay rent to my landlord, and he refused to take it. After several attempts, what I did was asked a lawyer, drafted a letter, drafted a cheque of the pending amount, took a zerox of the letter and cheque, register Ad it to the landlord.
I had put in the letter that I am sending along with this letter a cheque for the rent settlement.
You can as well include the following:
Kindly note that enclosed with this letter is also a cheque dated _____ of amount _______ as salary in lieu of the remaining notice period of ______ days which I would be unable to comply by. The cheque is drawn on ______ Bank and has ______ cheque no.
Always remember to make the cheque A/c payees and put the name of the company. You can find the name on the salary cheques issued by them to you.
2. Is it mandatory that my registered post should reach the company before my last date? Is it possible that the company will say that they will consider my resignation from the date they received the registered post only? I have already sent them the e-mails declaring my resignation, from my official mail ID (Though they have not replied to the mails a single time, only replied verbally).
Sooner, the better.
Don't fail to track the records like this -
1) This is to mention that I sent my resignation on DATE via email to PERSON.
2) Since I didn't have a written revert for this and only verbal communication happened asking me to extend my last working day from DATE 1 to DATE 2, I resend my resignation with a revised last working date as DATE 2 on DATE to PERSON.
3) Again when I did not receive the acknowledgment of the resignation I sent, I hereby send you my resignation via Register AD to reemphasize the fact that my last working day with the company shall be DATE 2.
A post from a senior would actually make it stronger. All the best.
From India, Mumbai
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Hello sir/mam,
My new employer is a semi-government organization. I think they will not go by logical understanding. They will just go by the rulebook. So if a relieving letter is needed, they will not be convinced at all by any other means. On the other side, if I don't tell them, most probably they won't ask for anything (because we are not told to bring any document of the previous employment in the rulebook). This is what I have got to know from the seniors.
Regarding the DD, they will most likely not reply to anything (at least till now, they have not replied). So if they do not inform me about the amount to be paid, and I do not pay it, will it not be considered as if I have violated the rule? ('Either serving the notice period OR paying the amount' was written in the appointment letter).
If I give them the DD, at least I can say that I have fulfilled my obligation as per the contract. Will it affect adversely in any way?
Please share your valuable suggestions on this.
Thank you for your time and regards.
From United Kingdom
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My new employer is a semi-government organization. I think they will not go by logical understanding. They will just go by the rulebook. So if a relieving letter is needed, they will not be convinced at all by any other means. On the other side, if I don't tell them, most probably they won't ask for anything (because we are not told to bring any document of the previous employment in the rulebook). This is what I have got to know from the seniors.
Regarding the DD, they will most likely not reply to anything (at least till now, they have not replied). So if they do not inform me about the amount to be paid, and I do not pay it, will it not be considered as if I have violated the rule? ('Either serving the notice period OR paying the amount' was written in the appointment letter).
If I give them the DD, at least I can say that I have fulfilled my obligation as per the contract. Will it affect adversely in any way?
Please share your valuable suggestions on this.
Thank you for your time and regards.
From United Kingdom
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No HR would ever take legal actions as these are not one-sided actions. It involves them also to spend money, time, and resources. Courts are also heavy on frivolous claims by companies against employees.
You need to be sure that you are not in any data or intellectual property breach, which could lead to criminal consequences.
From India, Mumbai
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You need to be sure that you are not in any data or intellectual property breach, which could lead to criminal consequences.
From India, Mumbai
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Company Letter for Completion 01 Month Notice.docx