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I am switching jobs and I have a 3 months notice period at the current workplace. My future new employer wants me to join with in 45 days.

I have resigned. And I am still negotiating with my current company for lesser notice period. My company states that it is not fair to leave early. I understand. Many have left in the same way with shorter notice period. There is a rule in the contract that I have to pay for the remaining term of notice period if I want to quit early.

How can i with my conscience handle the statement "this is not fair to leave and also to ask for shorter notice period"?

Clarification 1: I am willing to pay the money. My new employer need not pay. I am only feeling bad to demand my current employer to leave early (not completing full notice period)

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    Is it possible to ask the new company to pay the remaining term of notice period so that you can leave early and join them? – Stun Brick Aug 23 at 11:02
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    I don't understand your question. What kind of advice are you looking for? Or do you want to know the rationale of having long & enforced notice periods? Being "fair" is a subjective property. It's fair to follow a contract you signed consciously. You signed a contract with a 3 months notice period that can only be shortened if you pay cash. Either find a new different company that does not require you to leave earlier or pay what your contract states. Period. You can always ask to the new company if they'd be willing to give you some money to cover that cost but they can say no it's on you. – Giacomo Alzetta Aug 23 at 11:10
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    The ideal time to ask for the money is before accepting the new job and giving notice: "You want me to join in 45 days. I have a three month notice period and it will cost me X to leave in 45 days. Are you willing to pay X?". – Patricia Shanahan Aug 23 at 13:18
  • It seems like the underlying question here is "what is a notice period for". If you know the answer to that, you should be able to figure out whether the shorter notice period would be sufficient to get everything done that needs to be done under your unique circumstances. That, combined with the subjective factors of money and the fact that you're going back on something you agreed to, would in some way define how "fair" it is. – Dukeling Aug 24 at 10:29
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Since this is Indian context:

I've heard of a few companies who insist that the person be available for the entire duration of the notice period, and not leave early. Usually, they have clauses to help them enforce this in the offer letter, and do this just in case they need to consult you during the time, or want you to finish your project.

However, most employers are reasonable, in that they understand employees would not be actively working on new projects or giving their best during notice period. So, if you suggest to them that you are ready to pay off the notice, they will allow you to leave early. They don't waive off the notice period without payment as its additional risk and compliance cost for them (which doesn't get them any returns).

Additionally, check with your new employer if they can pay for notice if you are uncomfortable paying it yourself. If they agree, then talk to your current employer for leaving early. If the new employer disagrees to pay, you have 3 options - either pay it yourself, or find another offer, or convince the new employer to allow you to serve the entire notice period of 90 days :)

  • How high could the payment get? – quantum231 Aug 24 at 6:59
  • @quantum231 Depends on the company, I don't have any figures. – mu 無 Aug 24 at 17:28

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