Hi Sir, My current employer is asking me to serve 2 months notice period but my new employer is asking to join on 1 month notice period or else my offer letter will be invalid. I have resigned on 9th of June 2017 & my resignation is accepted .But they are insisting me to serve 2 months notice period from the date of resignation. I have requested repeatedly to consider & release me on 1 month notice period and I am ready to pay 1 month basic salary, if necessary.But their response is remain same. My new employer is stuck to 1 month notice period that means I have to join on or before 10th of July 2017. If I dont join within this stipulated time frame, my offer letter will be invalid. I joined in my current company on Sept 3rd 2012 & surprisingly they have not inssued any job confirmation letter yet(Not only me all other employees of NE & ASSAM region too). I have gone through my appointment letter where they mentioned on Probation-"You will be on probation for a period of six months from the date of joining. On successful completion of your probation, you will be confirmed in the services of the company. Your probation period is however liable to be extended at the discretion of the company if your performance or conductor attendence is not found satisfactory". Another clause," Notice of Termination:-during the period of of probation, your employment can be terminated without any notice or assigning any reasons therof on either side. On confirmation, your employement can be terminated by three months' notice or pay in lieu therof on either side. Please also note however, that the actual date of release will be at the discretion of the Management in the event of your seeking separation." Under this circumstances, I am in a great dilemma n frustrated about losing both the jobs.i have also explained the whole situation to the HR of the new company n requested to allow me to join after serving 2 months notice but they also declined my request. If I avoid 2 months notice period & serve only 1 month what will be the consequences?? Can I pay 1 month base salary to current company & make everything OK..( which I already approached via mail but simply rejected) ? Please help & suggest.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) you have to give. 3months notice or pay in lie thereof
2) it is at discretion of company to waive notice period
3) serve one month notice and leave your organisation
4)you would not receive any relieving letter and experience letter
5) since it is at discretion of company to accept one month salary it may refuse your offer
In the absence of any specific clause for mandatorily serving the notice period, you may make your offer in writing to the current employer in your confirmation resignation letter stating that you are service the notice period by serving one month and paying for the rest of notice period as per law and send this communication by registered post.
Further action can be followed up legally by first issuing a legal notice in case the employer is reluctant to listen to your sympathetic plea.
