Manager not agreeing for notice period buy-out even though mentioned in offer letter

Question

I belong from India. I have been offered a new job and would like to end my current notice period early. In my offer letter it's mentioned that - "After confirmation your services can be terminated by either party by giving to the other, a notice of 2(two) months in writing or payment of an amount (Basic Salary plus Flexible Benefits Plan) in lieu thereof." But my manager is not agreeing for buy-out of notice period even though my new employer is agreeing to buy out the notice period for me. I'm also done with my pending tasks like KT to my peer, etc.

Also before dropping the resignation mail, he had a sync-up meeting with him where I clearly communicated that I wish to take up the new job offer and get relieved as early as possible. At the end, he told me to keep only him in the mail and he will initiate the HR process after intimating the HR. Now, he is not initiating the same and delaying the process. He also asked me not to take leave during my notice period, although I have enough earned leaves accumulated else my notice period will be extended. What to do in this kind of situation? I'm having my first job switch and wish to make an exit as smooth as possible.

Update : My manager has initiated the HR process after a week. He said, he was hopeful that I would change my mind and wished I stay. But he didn't grant my early release and I communicated with my HR, she said my manager is the only one whose approval can grant early release. I'm now anxious that, my last working day is 19th June and joining in new organization is 22nd June, if I'll be getting all the documents necessary by that time needed to join the new organization. How to tackle this?

Answer 1

First things, first.

Change your user name and if possible, photo as well.

Secondly, be practical. You were duped by your manager. He successfully misled you in many ways and you are bearing the brunt of it.

Possible solution is to talk to him in a super nice tone, ask him to release you asap as nothing is pending from your end. And also mention about buyout thing. Dint be rude, harsh anytime you are taking to him. The ball is in his court. Remember that strongly.

If that doesn't work, serve your notice period. Remember that no company in India allows to take leaves during notice period. And your manager and HR are right in that aspect.

Inform about serving the notice period to your future employer; request them to extend the joining date. Be courteous everywhere. You don't have to mention all that you are going through in the current company.

Going forward, be smart. Don't ever reveal your resignation plans before hand to anyone. Email should be the first and only option. Include manager, director and the HR, wherever possible.

And do not go by the offer letter stuff. Ultimately, everything lies in the hands of the manager or the HR.

Also, your last working date is 19th June, and joining date at new organization is 22nd June. What are you worried about? Most of the companies in India know that there would be a short duration between switching jobs and it is possible that relieving letter wouldn't be available with the new employee. That's the reason they ask for joining letter, last three months' salary slips, bank account statement of the last three months etc. When you receive your full and final from your current company, which also includes the relieving letter, it can be submitted to your new company HR.

Lack of information is making you tensed. Relax, everything is going to be fine. Just be patient, smart and think with relaxed mind.

P.S. I am an Indian, working in India.

Answer 2

"he told me to keep only him in the mail and he will initiate the HR process after intimating the HR."

Obviously he was lying to you, and never intended to communicate your resignation to HR at all.

Quickly collect you own personal copy of all emails between you and our manager, and put them where he cannot cause them to be destroyed. You may need evidence of your conversations with him.

Immediately communicate your resignation to HR, and notify them that your manager promised, but then failed, to do this.

The kind of abuse that you are suffering seems to be very common in India. We seem to get many questions about notice periods and relieving letters from your compatriots. Unfortunately we rarely find any way to help.

Sometimes trying to be nice will, instead of making negotiations and transactions smoother and more endurable, just place you at a great disadvantage when dealing with parties who don't mind making it rough.

In your present case, you might consider taking all your accumulated leave before your relieving date. You no longer owe your manager even the slightest courtesy.