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4 months ago, I joined an organisation where there are apparently no policies. They haven't given me the appointment letter. They have hired me for a program management role, but they have made me work in the supply chain department also. Now I have a new opportunity and I want to leave this current job early, but they are telling me there is a requirement for a 3 month notice period. I have explained my situation to them, that the new employer is not extending my date of joining, and I am on the verge of becoming unemployed.

So, my manager has accepted and he said he will relive me before my start date at the new position, but now HR is saying we cannot relieve you before the 3 month notice period is up. Please suggest me what can I do now to get early reliving.

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    Welcome Giridhar, even they haven't given the appointment letter...you have any sort of working contract signed? – Sourav Ghosh Feb 1 at 11:33
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    I see your tag says India. From my experience in a technical field in India, they cannot do anything if you don't provide the notice. Sure they will send a letter asking you to appear in court. Many of my friends went through that. I almost did too. But it cannot be legally acted upon. Several of my friends found lawyers and the common consensus was, don't worry about their threat - its an empty threat and has no legal bearing. This isn't an answer to your question because this might not be the situation in your specific case. – Crazy Cucumber Feb 1 at 13:12
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    Can we get a clarification that the "appointment letter" is a contract that you would have expected to contain details about your job, such as the required notice period? – dwizum Feb 1 at 14:02
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Do you have a contract from your current employer, and what does that stipulate? (quite often in the first 6 or 12 months, you are considered 'on probation' and have a much shorter notice period.

Notice periods are usually protection for you from being suddenly out of work (either fired or redundancy). They are also an indication of how much notice a company would expect you to give them before leaving.

However, a company cannot make you stay working for them. It's not in their interest to have a disgruntled employee forced to work for them when they don't want to be there, and you can usually reach a mutual agreement that suits both parties.

Provided you have got a contract for the new job, and all your references have been checked, then you could could either phone in sick, or even just not turn up for work your current company. (or you could turn up and do nothing all day - what are they going to do, fire you?)

I would suggest talking to the company and explaining that you will be leaving on X date as you are leaving to start a new job, and it's in nobodies interest for you to stay there any longer.

I've worked a shorter notice period a few times as certain things haven't always lined up, and it's never been an issue. When I've written my formal resignation letter I've also stipulated my last working day, you can do it with or without mentioning any agreement with your line manager:

As agreed with [X/my line manager] my last working day will be x/x/x

As I am leaving to start a new job elsewhere, my last working day will be x/x/x

Bottom line here is talk to them first, but don't give them any room to manoeuvre. Say what your last day will be, stick to it, and make it clear (politely, every time) that is the last day you will be turning up for work.

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A notice period is a right (of the company in this case). Therefore, the company can decide to not benefit of this right.

Considering that the manager agrees to shorter notice period, HR should not be "allowed" to say no.

I had the experience at a previous job (company in Romania) that the company did not care to use even 1 day of the notice period - according to the mutual agreement.

  • The manager may not have authority to grant him an earlier leave and may have been a simple mistake of their part. HR usually has the final say in these matters. – Jonast92 Feb 6 at 15:27

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