Hi, I have a new offer from another company with huge career prospect. However I have only 23 days in my hand and the new employer can not delay my joining as I will be joining as a fresher in batch.According to my current employer this is written in my offer letter: "This employment can be terminated by either side, by giving one month’s notice during the probation period or three months’ notice after confirmation or basic salary in lieu of the notice period. Prior to leaving the Company, you will ensure that all your ongoing activities are successfully completed and properly handed over to the satisfaction of your manager/in charge/superior. However under no circumstances the relieving period can be less than one (1) month from the date of acceptance of your resignation." My manager is saying me not to leave etc etc. Then he told me that he won't be able to provide me relieving letter unless I serve my entire 3 months of notice period. But as this is urgent for me I have requested him to manage this, I am ready to work overtime and provide knowledge transfer within a short period of time but he is not agreeing. Moreover I have another 5 months of bond(Although I dont have problem to pay the bond amount). What can be done here?
Hello,
Send a mail to your manager saying that you are ready to pay the bond amount and therefore you may be relieved at the earliest with a duration of 15 days.
Also, if he fails to reply to the mail then you can leave the job and communicate to the new company about this e-mail and say that the earlier employer is not willing to give relieving letter.
Regards
My manager is not demanding the bond. he is telling me that its not possible to relieve me within such short notice, although I have told him I will be delivering what ever is needed. The bond thing lies in the hand of HR. If HR asks me to pay the bond I will pay. If I pay the bond amount still I have to serve the notice or I can leave early?. But how to reduce the notice period to 23 days when It is written that under no circumstance the notice can be less than 1 month.
Under the termination clause, the 3 months notice/relieving period can be reduced to 1(one).
Send an E-mail communication and seek early relieving in terms of the termination clause, which prided that the notice period can be reduced from 3 to 1. Communicate your last working date and accordingly seek the letter of relieving.
No if you pay the bond amount then you do not have to serve the notice period.
You may just request them, and no case will lie as no one can take forced labor from you.
Just talk to them politely or ask the new employer to give you some relaxation.
Regards
You have to serve minimum one month notice period
You can pay salary for shortfall in notice period of 3 months
If company does not give you relieving letter you can issue notice to company to furnish you relieving letter
1. If there is 3 months of notice period agreed to be undergone by you it is binding on you to do so.
2.However if you leave beofrethat the employer cannot do much.Though it can file civil suit to claim damages if it hardly does so.
3.Howeevr in that event it can refuse to issue Relieving Letter.
4. So if you do away with Relieving Letter then only leave the job. Otherwise unless the employer agrees you would be refused to receive a copy of the same.
5.In this circumstances I find only personal request to tide over the stalemate.
1. No problem it is only short of 07 days it can be compensated either in the form of extra work or in terms of money.
2. Be sure that offer of other company is genuine.
3. First join the new company and try to solve the problems which may be created by the old company, be nice with HR and Manager.
Respected sir ...
There are some exceptional circumstances where you can even give notice of even one day and that will be valid just check out those on wikipedia and mention in your notice which will suitable for you ...Sir they only can diduct your salary nothing more than that just go ahead give them notice mentioning such special reason and after that he doesn't give releave letter you have option to file a petition against then in labour court...
Thanku
1. If you are still a probationer then the notice period is only one month according to the clause extracted by you. The employer cannot unilaterally extend the notice period.
2. You are bound to serve the notice period of 1 month of give away salary of 1 month in lieu thereof.
3. It is at the discretion of the employer to accept the salary in lieu of the notice period. Unless the contract (which you call bond) contains a clause to the contrary, the employer is not obligated to accept the salary in lieu thereof.
Complain to labor commissioner.
My manager is saying me not to leave etc etc. Then he told me that he won't be able to provide me relieving letter unless I serve my entire 3 months of notice period. But as this is urgent for me I have requested him to manage this, I am ready to work overtime and provide knowledge transfer within a short period of time but he is not agreeing. Moreover I have another 5 months of bond(Although I dont have problem to pay the bond amount). What can be done here?
Your manager is not an authority to stop you from leaving the organisation if you follow the procedures as per the rules and the conditions mentioned in the employment offer letter.
You dont keep requesting or begging the manager, you can communicate your decision to resign the job, invoking the conditions of employment in respect of the notice period.
You should send this communication in writing to the top management either in person or by registered post with a copy endorsed to your manager, secure the acknowledgment.
Dont remain silent by sending the resignation by email because that will not invoke any response and you will be unnecessarily stranded and this may hamper your employment opportunity in the new company.
My manager is not demanding the bond. he is telling me that its not possible to relieve me within such short notice, although I have told him I will be delivering what ever is needed. The bond thing lies in the hand of HR. If HR asks me to pay the bond I will pay. If I pay the bond amount still I have to serve the notice or I can leave early?. But how to reduce the notice period to 23 days when It is written that under no circumstance the notice can be less than 1 month.
You dont have answers for all your questions in law.
If your employment condition states that you have to serve a minimum period of one month, then you have no choice than to your new employer to grant deferment by so many number of days .
The employment bond is a different subject to that of the notice period for resignation notice condition, dont get confused combining both the subjects.
Your manager has to be convinced by explaining your situation and request him to cooperate to enable you to build your career.