Dear Vidhan1988,
Good plan of line by you. Good suggestions by Harsh, Ankita & TS.
It doesn't matter whether it is cheque or DD. I will prefer DD. My intention of making payment is very clear in it. Rather the payment is made from my side. My account is also debited. This may help me in court.
One thing which came to my notice that you mentioned the clause in the offer letter and not mentioned any thing about appointment letter.
If your appointment letter states that eigher side 3 months notice is require and salent on notice pay in lieu of short notice, I am sorry to tell you dear, you can not do any thing. You have no other option but to complete the notice period.
I have seen some companies are very rigid and insist physical attendance during notice period.
My best wishes with you.
From India, Mumbai
2556Good plan of line by you. Good suggestions by Harsh, Ankita & TS.
It doesn't matter whether it is cheque or DD. I will prefer DD. My intention of making payment is very clear in it. Rather the payment is made from my side. My account is also debited. This may help me in court.
One thing which came to my notice that you mentioned the clause in the offer letter and not mentioned any thing about appointment letter.
If your appointment letter states that eigher side 3 months notice is require and salent on notice pay in lieu of short notice, I am sorry to tell you dear, you can not do any thing. You have no other option but to complete the notice period.
I have seen some companies are very rigid and insist physical attendance during notice period.
My best wishes with you.
From India, Mumbai
Respected Korgaonkar sir,
I may sound completely ignorant but I do not know the difference between an offer letter and an appointment letter. After the interviews when I got selected, I was sent a letter in mail and the same in hard copy, which contained CTC information and some other rules. I signed and submitted it. I was talking about that letter.
The sentence that was in letter was as following:
"..after completion of probation period, the
contract can be terminated by either party by giving three month's written notice
on either side or salary in lieu thereof."
From United Kingdom
I may sound completely ignorant but I do not know the difference between an offer letter and an appointment letter. After the interviews when I got selected, I was sent a letter in mail and the same in hard copy, which contained CTC information and some other rules. I signed and submitted it. I was talking about that letter.
The sentence that was in letter was as following:
"..after completion of probation period, the
contract can be terminated by either party by giving three month's written notice
on either side or salary in lieu thereof."
From United Kingdom
Hello Vidhan,
An offer letter is the letter of intent issued by the company. It is usually after you have cleared your interview. It states that they would be pleased to hire you and they intend to bring you on board with so and so date.
As a candidate, one has full right to accept or decline the offer made by any client.
Once you accept the offer letter, on your joining, a new letter is released called appointment letter.
It gives details like -
You name
Your joining date
Your Designation
Your probation tenure
You compensation
Basic outline on policies regarding
Office Hours and Working Days
Termination / Separation Policy
Probation Period
Trust this solves your query.
When the offered person, signs the Appointment letter (The subject line would normally be Letter of Appointment or such) the employee-employer relation is established and the rules stated in this letter is applicable to both parties. In case of any discrepency, issues can be escalated to the right authority
From India, Mumbai
An offer letter is the letter of intent issued by the company. It is usually after you have cleared your interview. It states that they would be pleased to hire you and they intend to bring you on board with so and so date.
As a candidate, one has full right to accept or decline the offer made by any client.
Once you accept the offer letter, on your joining, a new letter is released called appointment letter.
It gives details like -
You name
Your joining date
Your Designation
Your probation tenure
You compensation
Basic outline on policies regarding
Office Hours and Working Days
Termination / Separation Policy
Probation Period
Trust this solves your query.
When the offered person, signs the Appointment letter (The subject line would normally be Letter of Appointment or such) the employee-employer relation is established and the rules stated in this letter is applicable to both parties. In case of any discrepency, issues can be escalated to the right authority
From India, Mumbai
Ankita mam,
Is it possible that both letters are together?
All the contents you mentioned above are there in the only letter I signed. Welcoming greetings are also there (like an offer letter) and CTC, ctc breakup, holidays policy, gratuity and pf, termination and resignation policy etc is also there. It's a 2 pages letter with ctc breakup on the third page.
Also one statement is-
On matters not mentioned herein, you will be governed by the rules
and regulations as applicable and framed. (Probably meaning that other rules are not specified in any document specific to me, I have to check them in the manual.)
Moreover, if the offer letter (and not the appointment letter) states the previously mentioned lines regarding resignation policy, is it still not sufficient for me to infer that I can pay salary in lieu of the notice period?
Thank you in anticipation.
From United Kingdom
Is it possible that both letters are together?
All the contents you mentioned above are there in the only letter I signed. Welcoming greetings are also there (like an offer letter) and CTC, ctc breakup, holidays policy, gratuity and pf, termination and resignation policy etc is also there. It's a 2 pages letter with ctc breakup on the third page.
Also one statement is-
On matters not mentioned herein, you will be governed by the rules
and regulations as applicable and framed. (Probably meaning that other rules are not specified in any document specific to me, I have to check them in the manual.)
Moreover, if the offer letter (and not the appointment letter) states the previously mentioned lines regarding resignation policy, is it still not sufficient for me to infer that I can pay salary in lieu of the notice period?
Thank you in anticipation.
From United Kingdom
Hello VIdhan,
The two letters usually are distinct. However increasingly it is practiced by many firms to not to issue an official offer letter.
Reason is simple, candidates are more abusing the offer letter than to be relieved of pressure of the job searching. They show the offer letter to other places and seek job at higher ctc. Hence many companies either verbally extend the offer or if at all give, it is not on paper, on mail with only limited information so as not to be misused.
From the information you give, I believe that the letter you signed is appointment letter. I hope the letter was issued in duplicate and you too have a copy of it, please verify. Read the subject line.
As I said, offer letter is only the intent of the company to hire you.
It do not mean that you are a part of the company.
It usually do not have your joining date, just an anticipatory date of bringing you aboard.
Nonetheless, if you mean to ask -
If you are just given offer letter and not appointment letter, can you do away with the notice serving and just give the salary.
Since you've worked for some time, I believe they must have your name on their payroll / mustar / attendance registry.
So it is always better to communicate, negotiate and resign dutifully and gracefully.
Apart, always remember, the people you meet while climbing up the ladder would also meet you when you are falling down. Unless you are maintaining good relation, they won't help you in future. Always maintain good relation and try in your deeds to be as graceful and as much abiding as possible.
Hope it helped.
From India, Mumbai
The two letters usually are distinct. However increasingly it is practiced by many firms to not to issue an official offer letter.
Reason is simple, candidates are more abusing the offer letter than to be relieved of pressure of the job searching. They show the offer letter to other places and seek job at higher ctc. Hence many companies either verbally extend the offer or if at all give, it is not on paper, on mail with only limited information so as not to be misused.
From the information you give, I believe that the letter you signed is appointment letter. I hope the letter was issued in duplicate and you too have a copy of it, please verify. Read the subject line.
As I said, offer letter is only the intent of the company to hire you.
It do not mean that you are a part of the company.
It usually do not have your joining date, just an anticipatory date of bringing you aboard.
Nonetheless, if you mean to ask -
If you are just given offer letter and not appointment letter, can you do away with the notice serving and just give the salary.
Since you've worked for some time, I believe they must have your name on their payroll / mustar / attendance registry.
So it is always better to communicate, negotiate and resign dutifully and gracefully.
Apart, always remember, the people you meet while climbing up the ladder would also meet you when you are falling down. Unless you are maintaining good relation, they won't help you in future. Always maintain good relation and try in your deeds to be as graceful and as much abiding as possible.
Hope it helped.
From India, Mumbai
Hello Ankita mam,
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Yes, I understand that I should not spoil the relations but I have no other option than leaving the company earlier than I should have.. I know it's going to create these conflicts but I will just try to make it as less problematic as possible.. That's the reason I am extending the service as much as I can.
Anyways, from the advices of you all, I guess I should do as I had planned, with the modifications that you had suggested.
The only query from all this remains to me is, should I send the mail with the revised last date (in the format which ankita mam gave) now? Or just some 1-2 days before the revised last date (to avoid daily confrontation)? I definitely prefer the second option :-)
From United Kingdom
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Yes, I understand that I should not spoil the relations but I have no other option than leaving the company earlier than I should have.. I know it's going to create these conflicts but I will just try to make it as less problematic as possible.. That's the reason I am extending the service as much as I can.
Anyways, from the advices of you all, I guess I should do as I had planned, with the modifications that you had suggested.
The only query from all this remains to me is, should I send the mail with the revised last date (in the format which ankita mam gave) now? Or just some 1-2 days before the revised last date (to avoid daily confrontation)? I definitely prefer the second option :-)
From United Kingdom
Hello Vidhan,
[QUOTE=Vidhan1988;2060182]Hello Ankita mam,
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Resigning usually creates such tensed situation especially in SMBs and when the separation is unplanned or uncalled for.
But it is okay, I believe every employee has a right to decide if or not they want to work with the company. I believe coming to mutual consent and negotiating the notice period will be the best option.
Did you inform your new employer about this situation? By the way had you mentioned your new employer about the 3 month's notice you have to serve?
I believe be a little firm on your decision. Communicate your issues with the HR of the current employment and ask your HR about the issues and mutually negotiate.
Tell the HR you are unable to attend post so and so date as was finalized in the last meet.
From India, Mumbai
[QUOTE=Vidhan1988;2060182]Hello Ankita mam,
Thank you for solving the confusion!!
Yes I have a copy of the (appointment) letter.
Actually, I just meant to ask that, irrespective of it being an offer letter or an appointment letter, if the company has given a statement regarding resignation and notice period in the letter and I and the company authority have agreed and signed on it, should I not refer it to check the rules?
Resigning usually creates such tensed situation especially in SMBs and when the separation is unplanned or uncalled for.
But it is okay, I believe every employee has a right to decide if or not they want to work with the company. I believe coming to mutual consent and negotiating the notice period will be the best option.
Did you inform your new employer about this situation? By the way had you mentioned your new employer about the 3 month's notice you have to serve?
I believe be a little firm on your decision. Communicate your issues with the HR of the current employment and ask your HR about the issues and mutually negotiate.
Tell the HR you are unable to attend post so and so date as was finalized in the last meet.
From India, Mumbai
Actually I have been placed with a semi-government organisation. They have not asked for any document of the previous companies. So I thought not to explicitly ask them. Also, they do not have the policy of allowing any flexibility in the joining date.
Actually I am talking daily with the HR manager for last many days but it has proven futile.
If I send him the mail with the revised last date just 1-2 days before the revised last date, can that cause any problem? In my resignation mail I have mentioned a different date and I am going to work for some more days than that date. I have, however, conveyed verbally that I cannot stay more than so and so date.
From United Kingdom
Actually I am talking daily with the HR manager for last many days but it has proven futile.
If I send him the mail with the revised last date just 1-2 days before the revised last date, can that cause any problem? In my resignation mail I have mentioned a different date and I am going to work for some more days than that date. I have, however, conveyed verbally that I cannot stay more than so and so date.
From United Kingdom
Vidhan,
The new firm (semi-govt organization) where you are anticipating the joining,
I am sure you must have gone there for interview.
My question to you is this -
1) Did you show your current exposure to them?
In simpler words had you put your employment with your current firm (from where you're resigning) into your experience section?
2) Did you talk of any notice period clause in your appointment letter?
Asking you to submit documents is a different thing and asking you about your notice period is different.
Secondly, just because they have not asked you to submit anything, do not mean that you can do away with relieving letter.
As you said if it's semi-govt organization and we all are very much aware of the speed and work of govt firms, there is a possibility that they ask you to submit your relieving letter post joining and then say unless you submit this we won't confirm you. What would you do in this situation?
See, I am being devil's advocate now and trying to show you both the sides. All that I want to convey is a relieving letter is important proof of your employment and a peaceful relieve.
Another thing, as you mentioned that the new firm is not giving you any flexibility to joining date. Can you elaborate on:
1) How did you get to know about this opening? I mean is this through some recruiter or advertisement or some bulk hiring through entrance test and all?
2) Was there any tentative date for joining shared ever?
3) Not even once did they ask about the notice period? As far as I have experienced, this is one concern for a recruiter / interviewer - how early can you join us. One of the most common questions in the interview.
When did you resign from current employment? I mean the same day that you were told you are selected or when?
See the problem is many times we just have look at our perception and fail to address other's concern. I can very well understand your situation that when you are getting a better opportunity why would you want to be stuck with this one. If you do, that would be an opportunity cost.
At the same time, if we look at company's perspective, they did bear a cost to hire you and will bear a cost to seek replacement.
I am not saying that you are wrong in your approach but just a thing that it would really be a smooth exit if both parties can acknowledge each other's perspective.
Anyway coming back to your case, As I said send your resignation with revised date asap because if you delay it they would say you are informing us today that tomorrow is your last working day.
Do not burn your own bridges is all that I would want to say at the end.
From India, Mumbai
The new firm (semi-govt organization) where you are anticipating the joining,
I am sure you must have gone there for interview.
My question to you is this -
1) Did you show your current exposure to them?
In simpler words had you put your employment with your current firm (from where you're resigning) into your experience section?
2) Did you talk of any notice period clause in your appointment letter?
Asking you to submit documents is a different thing and asking you about your notice period is different.
Secondly, just because they have not asked you to submit anything, do not mean that you can do away with relieving letter.
As you said if it's semi-govt organization and we all are very much aware of the speed and work of govt firms, there is a possibility that they ask you to submit your relieving letter post joining and then say unless you submit this we won't confirm you. What would you do in this situation?
See, I am being devil's advocate now and trying to show you both the sides. All that I want to convey is a relieving letter is important proof of your employment and a peaceful relieve.
Another thing, as you mentioned that the new firm is not giving you any flexibility to joining date. Can you elaborate on:
1) How did you get to know about this opening? I mean is this through some recruiter or advertisement or some bulk hiring through entrance test and all?
2) Was there any tentative date for joining shared ever?
3) Not even once did they ask about the notice period? As far as I have experienced, this is one concern for a recruiter / interviewer - how early can you join us. One of the most common questions in the interview.
When did you resign from current employment? I mean the same day that you were told you are selected or when?
See the problem is many times we just have look at our perception and fail to address other's concern. I can very well understand your situation that when you are getting a better opportunity why would you want to be stuck with this one. If you do, that would be an opportunity cost.
At the same time, if we look at company's perspective, they did bear a cost to hire you and will bear a cost to seek replacement.
I am not saying that you are wrong in your approach but just a thing that it would really be a smooth exit if both parties can acknowledge each other's perspective.
Anyway coming back to your case, As I said send your resignation with revised date asap because if you delay it they would say you are informing us today that tomorrow is your last working day.
Do not burn your own bridges is all that I would want to say at the end.
From India, Mumbai
Hello, in reference to the query, i need to mention here that there are quite a number of organisations who do not accept money in lieu of the notice period though they mention in the appointment letter. The basic reason of doing so is that all employees are entrusted with certain responsibilities which they have to execute. When the concerned employee resigns then before leaving the organisation he has to complete the responsibilities and at the same time explain his profile to the new joiner. The organisation makes good these 3 months to find out a replacement of the resigned employee if at all they do not have at their disposal.
Your strategy is absolutely correct. The organisation cannot initiate any legal action against you. There might be delay in sending you the relieving letter. But beyond that there will be absolutely no problems for you. Nowadays organisations are not resorting to any such behaviour which ultimately tarnishes their image in the job market. The organisation and the employee share a symbiotic relationship, that is they both are interdependent.
Your strategy is absolutely correct. The organisation cannot initiate any legal action against you. There might be delay in sending you the relieving letter. But beyond that there will be absolutely no problems for you. Nowadays organisations are not resorting to any such behaviour which ultimately tarnishes their image in the job market. The organisation and the employee share a symbiotic relationship, that is they both are interdependent.
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