3

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?

6
  • 3
    Have you communicated your resignation to HR? If your boss is not initiating communication with HR, you should do it yourself.
    – sf02
    May 7, 2020 at 19:03
  • Kindly check the update and let me know if you can help. May 22, 2020 at 11:02
  • I don't know if registered post is a thing in India, but you may want to give your resignation via registered post (yes I know it sounds silly). That in addition with a signed employee contract, could be enough for your next employer be satisfied that you are no longer employed. May 22, 2020 at 11:06
  • Have you thought about going to a lawyer specialized in labour law?
    – Polygnome
    May 22, 2020 at 13:17
  • @Polygnome The OP is getting anxious as he is not aware of the usual relieving process in India. Except to the fact that there manager is not letting buy not, everything is as expected. This is common thing across many Software/IT companies in India. Refer to my answer for more details. And labour law is an extreme thing in this case, which can be totally avoided in the OPs case. May 22, 2020 at 13:59

2 Answers 2

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.

4
  • 1
    You are basically suggesting that the OP let their manager get away with violating their contract. Op has the right to buy out of the notice period, as stipulated in their contract: "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 [...] in lieu thereof.". Op wants to take advantage of that stipulation and has every right to do so. Their new employer even wants to pay this. It doesn't matter that Op doesn't need this, what matters is that Op wants this and has the right to get it.
    – Polygnome
    May 22, 2020 at 14:21
  • 1
    @Polygnome I am being practical, esp from the Indian Software/IT companies' perspective. Also, the OP is mainly concerned about his documents, esp relieving letter. I have addressed that issue in last but one paragraph of my answer. Laws are different here. Answers from Indian perspective are crucial. May 22, 2020 at 14:41
  • It is surely ok to raise the aspect of practicality. But your answer doesn't even distinguish between what rights the Op has and how they can ensure Op gets their rights, and what a practical approach might be. You just assume OP should forgo their rights."Laws are different here". I don't think Indian contract law allows one side to just ignore parts of a contract.
    – Polygnome
    May 22, 2020 at 14:45
  • We don't even have the entire contract or the joining letter with us. I wouldn't assume that one statement is going to help the OP. Reporting manager's approval is always needed before one's relieving or even for a buyout. Manager has not denied his relieving; s/he is going by the books. I don't understand the point to drag lawyer when everything is as per the rules, half of which are not even mentioned here. I wouldn't argue just for the sake of it. I have given my opinion from Indian companies' perspective. It's the OP who needs to take a final call. May 22, 2020 at 15:06
8

"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.

1
  • Kindly check the update and let me know if you can advice for the current situation. May 22, 2020 at 11:03

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .