Notice Period / Pay Advance / Termination

Hi All

Thanks for the great help,

I have joined a company 3 months back, and somehow found that the job is not suitable for me, but my current team is quite happy with my performance. I also now have sever health problems because of the relocation ,

In the meanwhile i got another offer from my previous employer who wants me to get back to my previous company, as i had a very good relationship with my ex manager, and he is the one who again inititated the process of hiring me again,

now the problem is that i have been paid a sum of 70k towards joining + relocation bonus from my current employer, and also there is a condition of serving 2 months notice period or to pay 2 months basic salary in lieu to that ..

I talked with my previous hr people and they are saying they need me asap and cant wait for the notice period to be served and moreover they have confirmed me that they will not even need any kind of letters from my current employer, as i have worked with them for a really long time i am quite convinced that they are not going to cheat me in anyway ..

so the problem now is if i will ask my current employer to release me without serving the notice period then i am sure they will tell me return 1.2L (50k bonus + 20k + relocation + 50k 2 months basic salary),

but again if i dont need any letters from this company, is it advisable to go on this way and pay this amount and get released or anyway they can terminate me immidiately without any notice period ..

friends please help me .. my health is degrading day by day and i cant miss this opportunity.

It is advisable to pay the relocation bonus and the notice period buyout totaling to Rs. 1.2 Lac and get a smooth exit.

Hi Saji .. Thanks for the advice, but as i dont need a reliving letter can i opt for being terminated ? in that case do i still need to pay all these ?

Do you think that they will terminate you when they are happy with your work. Secondly getting terminated is a spot anyway, whether you require it ??
It is your choice whether you require a black spot in your career path ethically.

True saji, they will not terminate me like that only .. i need to create a scene for that .. and 1.2L is not a very small amount to pay and exit .. and on the other hand as my previous emplyee will consider this 3 months as a long leave and will continue the same till i joined ... still do you believe that it will be a black spot on my career as i never need to mention this anywhere in my portfolio. again just wanted to know experts like you that is there any further consequence if they terminate me ..

Even if you do not need a relieving letter now, you may need it before your next job change. also, the company will be within its rights to send you a notice to pay up your default money and mark you as an absconder. And in my personal opinion, you are basically trying to find your way to cheat out of the situation you have put yourself in and that's very unprofessional and unethical.

Thanks Executor .. Thanks for the feedback
Is it all about Unprofessional and unethical ? or any legal issues related to these..
Incase the company fires me out how the scenario is going to be ?
these companies earns lots of money by using our brains and may be this is the right time to use the importunity to escape from the situation ..

Legally your present company is very much within its rights to legally pursue recovery of the relocation bonus + notice pay. And if there has been any specific training / IP knowledge imparted, penalty towards the same as well. Ideally a mature company will not fire you overnight. Termination requires more documentation than relieving against resignation. If they are a matured organization, they will serve you written notice - TWICE, giving you time to show cause and reform - and only on failing to reform TERMINATE. If they in the mean time can record intentional malafide activity, they can even throw the book at you. Hence, I urge you to be circumspect and honest in your endeavour. Do remember, your ex boss may be in love with you now, but he wont be around for ever. Your termination record, however, will remain with you for life.

Dear All (Sir / Ma'am)

I am employed with a Big 4 consulting firm and am currently on probation. I've got another job offer in hand and have resigned on the 14th of October. Previously, I was asking them to waive my notice period and relieve me on the 31st of October and was ready for a buy-out. However, my manager didn't agree and stated that I've to serve my full notice period with them. During probation, my notice period is for 45 days. I've spoken to my future employer and got a joining date waiver and have mailed my current company that I'm ready to serve the full 45 day notice period.

Now, my question is, after I've given my resignation, is there any chance that they may further trouble / harass me and not give me my money and / or relieving certificate after 45 days i.e. 27th of November? I've resigned as per the contractual terms and am currently serving out my notice period. My query stems from the fact that I've emailed my resignation with copy to HR on the 14th and since my manager is on holiday with no access to mails (though he is very much aware of the situation and in fact it was he who insisted I serve out my remaining time) and he hasn't replied accepting my resignation.

Am I safe?

The clause is as follows:

During the probationary period described above, either party can terminate the employment by giving 45 days notice or 45 days salary in lieu of notice, to the other party, subject to the release date being approved by reporting partner.

Many thanks!

Sayan

Dear Sayan...
This thread is about Ramesh's problem. Please use the Find Information tool to study in depth about your problem and either use a relevant thread to continue or start a new thread. Ramesh's issue is still pending resolution.
the present thread will also give you the right response, but I doubt if many of us will be able to respond to 2 sets of queries in one answer. It is up to you to pick up what is relevant for you.