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I got an offer from one company. My current company has a strict rule for two months notice period, which I already told to my new employer. But here is a problem, I want to extend this time. (2months +10 days). If I resign after 10-12 days, I'll not be "charged" by my current company as per their policies. The amount is almost 90% of my current monthly salary. I don't wanna lose it. How to ask my new employer to delay the joining date. Should I be honest and ask directly or is there any other way?

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    How can that work? They can't take back money they have previously paid you unless you have a very unusual and specific contract. Otherwise, what's to keep you from quitting after receiving the next paycheck? At worst they can withhold pay from the end of the last period until the paycheck, but that is unlikely legal, unless, again, you have previously agreed to very unusual terms. May 20, 2014 at 18:28
  • They pay a certain amount monthly basis, it has a cycle of 6 months. They prefer to call it "tenure based amount". Now if you put down the paper before the cycle ends, they will calculate the total paid amount and deduct from last month salary. This cycle will end on 31st May. So if I put down the papers on 1st June, a new cycle will start and I don't have to pay any money. May 20, 2014 at 18:36
  • @bobson, the link you provided is quite similar. But what should I ask? Directly stating the problem or giving any excuse. May 20, 2014 at 18:38
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    @theGamblerRises - Neither. Just say "As I said during the interview, the date I'm available to start is _______". It has nothing to do with how it affects your pay, and there's no need to make up something, so don't bother trying to give any justification. The reasons don't matter, the start date does.
    – Bobson
    May 20, 2014 at 18:40
  • @theGamblerRises Seriously, your employer can withhold 90% of your wages for time you have already worked? Please let us know who this is so we can absolutely be sure not to work there. May 20, 2014 at 18:48

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I was once in a similar situation; I wasn't facing a penalty like you are, but I'd been laid off and was due "pseudo-severance" for a certain period of time that would end when I started a new job (or when the clock ran out). So while I wasn't going to reject an otherwise-acceptable position based on the loss of (in my case) a few weeks' pay, I wanted to delay the start date from the date they offered.

Our conversation went something like this:

HR: We'd like you to start on $date. I'm sorry it can't be sooner but (bureaucracy).

Me: Actually, it'd be even better for me if you could move that out another two weeks. Would that be possible?

HR: We can do that, sure.

I wasn't asked for a reason and didn't offer one. Had I been asked for a reason, I had planned to say: "I have some financial incentives to delay, but if you need me to start sooner we can talk about the impact". Note: I didn't go straight to "...but I can drop that if you need me to"; my phrasing leaves open the possibility that they might say "how much are we talking about? We'd like you to start sooner and maybe can make it up to you with a signing bonus?".

Never make demands if you aren't prepared to walk -- but you can ask for changes and, if needed, explain why you're asking -- then let them respond.

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  • Thanks, I checked with them same way. They didn't agree though. :-( May 22, 2014 at 3:06
  • Sorry to hear it. May 22, 2014 at 3:17
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Generally the notice period in the contract is the notice period and you are legally obligated to pay if you violate it if the contract specifies a penalty. How enforceable it is will vary from country to country, but I am pretty sure that countries like India where long notice periods are the norm have enforceable contracts in this area.

However, you present this to you new company and say you must work out the notice period or, if they want you to come earlier, then they need to pay you the money to legally get out of your contract. A good company would not want you to knowingly violate your contract as they could then expect the same unethical behavior from you when you want to leave them. A company that doesn't care if you meet your contractural obligations to others is highly likely to not care about meeting their contractural obligations to you. So consider their reaction a litmus test on how they will treat you if you become their employee.

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  • I am sorry if I didn't clear my point. See, new employer offered me job on last Friday 16th May. So according to them I'd put papers by 21st May (consider 2-3 days). Adding two months for notice period would make my joining 22nd July. Now I want to delay it 10-12 days. The reason I stated in question. Please tell me how to ask for it? May 20, 2014 at 18:48
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    @theGamblerRises - The question is "What did you tell them during the hiring process?" If you said "I need to give two months notice", then that would be from the day you accepted you the position.
    – Bobson
    May 20, 2014 at 19:03

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