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I have read similar questions related to notice period, but I didn't come across on how to deal with rude management. (So please hear me out before marking as duplicate).

I have been working with my current company for the past five years (this is my first job as well). This is a service company in India and working hours are usually more than 10 hours. Since this was my first company I got accustomed to it and the work was also good. I was outsourced to a client company for the last one year which had a good work/life balance. Now that I am back to my company its getting hard to get used to old work hours. And moreover management has been completely changed. Now it is an accepted norm to work till 23:00 hrs in the night. I stay very far from the office and travelling in night is a big risk. I have started to have health issues as well due to this now. Moreover after coming here there are no projects which are suited for my skill set. I have been asked to lead a team just to give guidance on technical aspects.

I started looking out and have got a good offer with a reputed company and they want me to join within 2 months, where as I have a 3 months notice period. I have accumulated around 30 leaves which allows me to compensate for the notice period but this is again at the mercy of management. My current assignment is planned to end in another month.

The company that I work for is not so good when it comes to employee. I do understand that I cannot just run away. But as my current assignment lasts for only another month, but still I am sure that I will be made to serve complete term. I have seen this happen, I have seen few sitting idle for weeks just waiting to finish off notice period. How can I avoid this ? I do not want to loose my new offer as well. I have told my new employer that my notice is 3 months, they have offered to pay for my buy out as well.

How can I negotiate to reduce my notice period ?

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    Wow, that sounds frustrating. I'm glad you have a better option on the horizon. I'm confused by one thing: if your new company is willing to pay for your buy-out, doesn't that mean you don't have to serve the three months? What stops you from leaving in two months instead?
    – Monica Cellio
    Jun 21, 2015 at 16:53
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    @MonicaCellio Maybe the current company is not willing to let go of him/her without serving full three months (may be thats what the last para suggests)
    – GoodSp33d
    Jun 21, 2015 at 19:26
  • @MonicaCellio The first company likely doesn't have to accept the buyout if they want to ruin the OPs chances at this job offer.
    – Myles
    Jun 22, 2015 at 14:01
  • @Myles, GoodSp33d, you may be right. I hope the OP will clarify with an edit.
    – Monica Cellio
    Jun 22, 2015 at 15:59

1 Answer 1

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I'm not an expert (especially not on Indian employment law or working practices) but I would think that...

I have accumulated around 30 leaves

I have told my new employer that my notice is 3 months, they have offered to pay for my buy out as well.

...should be more than enough.

If I were you I would tell your current employer you are handing in your notice and will be leaving in two months - the third month being your accumulated annual leave. If they refuse that then maybe argue a bit. I don't think you should sting your new employer for their buyout unless you have to.

But if they remain adamant it is three months then tell them the new employer will pay them to reduce it to two. They would be terrible fools to refuse that offer. Their alternative is to pay you to do nothing for a month.

I have started to have health issues as well due to this now.

That is too important an issue to let this offer go. Such issues could become a blight on you for the rest of your life. More so than, dare I say, getting fired from your current job for not turning up in the last month. (I repeat, I'm no expert: I don't know what the laws are like in that respect. What would be the worst that could happen? Edit: Apparently, the worst could be quite bad in India so disregard that. I leave it in so that Linda's comment below has context.)

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    Well, based on what I've learned about Indian employment law from reading these forums, "getting fired for not showing up the last month" could mean the employer would refuse to give a relieving letter, thus making the OP virtually unemployable. (+1 because the rest of this post contains good advice, and because, having myself previously stayed too long at a job who's stress was causing health problems, agree whole-heartedly with the "this is too important an issue to let this offer go".)
    – LindaJeanne
    Jun 21, 2015 at 16:17
  • @LindaJeanne Thank you for the +1, complement and the extra info. I hope the health problems are better now.
    – Avon
    Jun 21, 2015 at 16:39
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    much better, thank you -- my current position is a much better fit. Sometimes the grass on the other side of the fence really IS greener.
    – LindaJeanne
    Jun 21, 2015 at 18:06
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    if there is a notice period set by the law, this protects the company as well, not just the worker.
    – Formagella
    Jun 21, 2015 at 21:05
  • Here the notice period only can be exchanged for remaining holidays only if the employer agrees. I suspect India won´t be much different.
    – Rui F Ribeiro
    Sep 3, 2019 at 10:14

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