• Quitting a job at Short Notice

Dear Sir,
I want to leave my present company in short notice (a week) as against 1 month notice period as I m in probation period now (as per appointment letter, I have also option of paying 1 month basic salary if fail to serve the notice period of 1 month). However,my prospect employer won't give me more than a week to join for sure.Also, I am sure that my present employer won't let me go within that period quoting replacement as the main reason.
Few Important Points:
1. I didn't disclose my present employment to the prospect as I would be quitting this job within 4 months of joining
2. My prospect employer shortlisted my profile only upon my words that I am currently not working and would be able to join immediately and now if I tell them about my current employment and notice period would there be a chance of they rejecting my offer since I didn't keep them informed about this prior to the interview
3.Moreover, I don't need any relieving letter or related certificates to join my prospect employer as I haven't disclosed my current companies experience (4 months) since it's completely irrelevant to the profile i have been hired for in my prospect employer
Kindly suggest the next steps as I have only two days to decide on this.
Look forward to hearing from you.
Asked 3 years ago in Labour from Bangalore, Karnataka
1. Since it is already in the terms of your present employment agreement that you shall have to give one month's notice or forego one month's salary in lieu thereof, you can quit your present job by submitting your resignation asking your employer to deduct one month's basic pay from your dues. If there is no due then you can attach a cheque for that amount,

2. You can thereafter join your new Company,

3. It is not good to supress vital information from employers since such suppression may create problem later on,

4. However, since you have no other option left before you, you sahll have to join the new company as a fresh candidate and in the said event you won't be able to record your 4 months experience with your present Company in your CV.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

1) As per the terms in your employment if you need to leave without notice you need to pay a month's basic salary in lieu .If there is any balance the company owes you it will be adjusted against the penalty.

2) If you don't have a balance payment due to  you you may leave on short notice. If you are not bothered about getting a relieving letter, you will need to take the obvious step. You won't face any prosecution from the company..

3)As you have not informed the company about the current employment it is not advisable to inform them about it now as it would be viewed as dishonesty.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

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