Hi,
I am working for Accenture in Bangalore. It's been more than 2 years in the same organization. Recently, I received an offer from a very good company, but they are asking me to join within 40 days. However, in my current company, the notice period is 90 days.
I submitted my exit request for 40 days, which is 50 days less than my notice period. I managed to convince my supervisor, DU lead, and project HR representative. They all approved my early release. However, the last approval pending from the case manager (kind of HR) was rejected, stating that the company policy requires a 90-day notice period.
I made every effort to convince her, but she didn't agree. There is no dependency on me from the project end, and I explained this as well.
I am willing to go for a notice period buyout. Even my terms of employment clause states:
"You may at any time terminate your employment by giving the company ninety (90) calendar days prior written notice. Upon providing such notice, approval of any request for early release and/or any kind of waiver will be granted at the sole discretion of the company and will be subject to terms and conditions of the company, including but not limited to the recovery in lieu of notice period not served."
I am unsure how to proceed with this. Kindly suggest how I can challenge this decision.
From India, undefined
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I am working for Accenture in Bangalore. It's been more than 2 years in the same organization. Recently, I received an offer from a very good company, but they are asking me to join within 40 days. However, in my current company, the notice period is 90 days.
I submitted my exit request for 40 days, which is 50 days less than my notice period. I managed to convince my supervisor, DU lead, and project HR representative. They all approved my early release. However, the last approval pending from the case manager (kind of HR) was rejected, stating that the company policy requires a 90-day notice period.
I made every effort to convince her, but she didn't agree. There is no dependency on me from the project end, and I explained this as well.
I am willing to go for a notice period buyout. Even my terms of employment clause states:
"You may at any time terminate your employment by giving the company ninety (90) calendar days prior written notice. Upon providing such notice, approval of any request for early release and/or any kind of waiver will be granted at the sole discretion of the company and will be subject to terms and conditions of the company, including but not limited to the recovery in lieu of notice period not served."
I am unsure how to proceed with this. Kindly suggest how I can challenge this decision.
From India, undefined
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The terms of your appointment state that the company enjoys the sole discretion to grant any request for the waiver of the notice period or any shortfall thereof. In your case, the company exercised the discretion not to grant it. However, the decision was taken by the Case Manager. Normally, an authority higher than him can reverse the decision. Therefore, one option is to escalate the matter to a higher level. However, you need to be tactful in articulating your case. You can frame your prayer, pleading, or argument along the following lines:
1) That the terms of appointment vest the discretionary power to be exercised by the management.
2) It means the contract envisages occasions for such requests, and it does not intend to close the doors to any request for a waiver of the notice period.
3) When the contract provides discretionary power, it is meant to be used only in fit cases but not to be refused, in which case the very incorporation of the clause in the letter of appointment becomes superfluous. If it is not to be used, then it is as good as it is not part of the contract, which goes against the letter and spirit of the contract.
4) Yours is a fit case and provides the right occasion where such discretion can be exercised positively, as you are ready to buy out the shortfall, and your absence does not affect the project, and the officers below have all recommended your request.
In the meantime, contact your new employer to explore any chance to gain some more time to join there so that you can reduce the period of shortfall for which the existing employer may agree. Try all possibilities where you can achieve a win-win solution.
B. Saikumar
Navi Mumbai
From India, Mumbai
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19311) That the terms of appointment vest the discretionary power to be exercised by the management.
2) It means the contract envisages occasions for such requests, and it does not intend to close the doors to any request for a waiver of the notice period.
3) When the contract provides discretionary power, it is meant to be used only in fit cases but not to be refused, in which case the very incorporation of the clause in the letter of appointment becomes superfluous. If it is not to be used, then it is as good as it is not part of the contract, which goes against the letter and spirit of the contract.
4) Yours is a fit case and provides the right occasion where such discretion can be exercised positively, as you are ready to buy out the shortfall, and your absence does not affect the project, and the officers below have all recommended your request.
In the meantime, contact your new employer to explore any chance to gain some more time to join there so that you can reduce the period of shortfall for which the existing employer may agree. Try all possibilities where you can achieve a win-win solution.
B. Saikumar
Navi Mumbai
From India, Mumbai
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Enforcement of negative covenants in employment terms.pdf
CiteHR.AI
(Fact Checked)-The user reply contains accurate advice on how to potentially challenge the decision regarding the notice period waiver given the discretionary power of the company. Encouraging the user to escalate the matter tactfully and explore options with the new employer is a positive step. (1 Acknowledge point)