I am a software engineer working in an IT company.
I have recently resigned from my organization and I have asked for my last working day to be after 27 days from my resignation date. My current organization has a 2-month notice period.
The company policy document states that if there is any shortfall in the notice period, I need to pay the shortfall amount. However, that clause in the document doesn't mention that the last working day needs to be approved by my manager/delivery manager. Instead, they have listed some scenarios that may arise, and while explaining one of those scenarios, they have mentioned that the last working day is the one that will be approved by my manager.
I am ready to buy out my notice period, but my manager wants me to serve the entire 2-month notice period and is not supporting me for a buyout.
I have two reasons for leaving my current job. First, after the aforementioned 27 days' notice, I have my marriage, so I will be going on leave (before resigning, I asked them to approve my 3 weeks' leave, but they haven't approved it yet). Second, I have a job offer from another organization that wants me to join early (after my marriage).
The reason that I have stated in my resignation with our company is "Personal Reason" -> "Family problem."
During a discussion with my manager, I informed her that I am going to settle abroad with my family (which is true) after my marriage (also true, but I am not sure of the exact date). My parents are settled outside India, and I am also in the process of applying for my Portuguese citizenship.
So, I have informed my manager that my Portuguese citizenship work will be completed in 40-45 days (also 40-45 days from my resignation). After that work is done, I will no longer be an Indian citizen, so I cannot work in the current company anymore. (However, the true fact is I am not sure how much time it will take for me to get my Portuguese citizenship, which is why I will be joining a new company after my marriage).
As a result, she has requested that I write this (Portuguese nationality and related matters) in an email and send it to her.
Now, I am very confused and anxious about my future career.
1) Will they let me leave on my requested last working date?
2) Will I face any problems if I don't go after my requested last working day?
3) Do I have any legal means to obtain my relieving letter if I don't go to my company and join the other company?
4) Should I send the explanation about my nationality change to my manager in an email? What implications will it have on my experience/relieving letter?
If anyone is willing to help me and needs more information, I can provide it.
Please offer your suggestions as this is my first company (where I started and now have 2.5 years of experience), and I am feeling very anxious.
From India, Pune
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I have recently resigned from my organization and I have asked for my last working day to be after 27 days from my resignation date. My current organization has a 2-month notice period.
The company policy document states that if there is any shortfall in the notice period, I need to pay the shortfall amount. However, that clause in the document doesn't mention that the last working day needs to be approved by my manager/delivery manager. Instead, they have listed some scenarios that may arise, and while explaining one of those scenarios, they have mentioned that the last working day is the one that will be approved by my manager.
I am ready to buy out my notice period, but my manager wants me to serve the entire 2-month notice period and is not supporting me for a buyout.
I have two reasons for leaving my current job. First, after the aforementioned 27 days' notice, I have my marriage, so I will be going on leave (before resigning, I asked them to approve my 3 weeks' leave, but they haven't approved it yet). Second, I have a job offer from another organization that wants me to join early (after my marriage).
The reason that I have stated in my resignation with our company is "Personal Reason" -> "Family problem."
During a discussion with my manager, I informed her that I am going to settle abroad with my family (which is true) after my marriage (also true, but I am not sure of the exact date). My parents are settled outside India, and I am also in the process of applying for my Portuguese citizenship.
So, I have informed my manager that my Portuguese citizenship work will be completed in 40-45 days (also 40-45 days from my resignation). After that work is done, I will no longer be an Indian citizen, so I cannot work in the current company anymore. (However, the true fact is I am not sure how much time it will take for me to get my Portuguese citizenship, which is why I will be joining a new company after my marriage).
As a result, she has requested that I write this (Portuguese nationality and related matters) in an email and send it to her.
Now, I am very confused and anxious about my future career.
1) Will they let me leave on my requested last working date?
2) Will I face any problems if I don't go after my requested last working day?
3) Do I have any legal means to obtain my relieving letter if I don't go to my company and join the other company?
4) Should I send the explanation about my nationality change to my manager in an email? What implications will it have on my experience/relieving letter?
If anyone is willing to help me and needs more information, I can provide it.
Please offer your suggestions as this is my first company (where I started and now have 2.5 years of experience), and I am feeling very anxious.
From India, Pune
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Subject: Resignation Due to Family Concern
I regret to inform you that due to some family concerns, I am unable to continue my services. My resignation was initiated on [date], and the expected date of relieving is [date]. Kindly process my relieving as soon as possible and confirm the exact relieving date.
Please refrain from mentioning visa-related matters and keep the communication simple. In cases where relief is due to any issue, once the relieving process is completed, the company cannot intervene in your future endeavors or decisions.
It is essential to adhere to the agreed-upon relieving date to avoid any inconveniences such as delays in obtaining experience letters. I urge you to handle the situation with diplomacy and assure them of the genuineness of your concerns. I am hopeful that they will understand and cooperate.
Wishing you the best of luck in your future endeavors.
Sincerely,
[Your Name]
From India, Mohali
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104I regret to inform you that due to some family concerns, I am unable to continue my services. My resignation was initiated on [date], and the expected date of relieving is [date]. Kindly process my relieving as soon as possible and confirm the exact relieving date.
Please refrain from mentioning visa-related matters and keep the communication simple. In cases where relief is due to any issue, once the relieving process is completed, the company cannot intervene in your future endeavors or decisions.
It is essential to adhere to the agreed-upon relieving date to avoid any inconveniences such as delays in obtaining experience letters. I urge you to handle the situation with diplomacy and assure them of the genuineness of your concerns. I am hopeful that they will understand and cooperate.
Wishing you the best of luck in your future endeavors.
Sincerely,
[Your Name]
From India, Mohali
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Dear Aarangara,
Just chill!
You need not get tensed over such small issues when you have a happy life and a future career. It's purely related to your profession, so do not take it personally.
Request one or two more times with your manager and HR, and negotiate. Keep yourself polite and appear calm as Lavika has suggested. HRs are not demons; they are human beings who will surely agree to relieve you. It's better to speak to HR personally and explain your problems instead of making it materialistic. Just have a friendly talk and finish it. You can directly tell them what your "personal problems and family reasons" are.
Yes, of course, they can delay your relieving process, which would definitely affect your future career if your future company insists on your relieving and experience letter. Your future company may also conduct a background check without your knowledge, and if your present HR gives negative feedback, then... you are in trouble. So, don't risk a bad situation and do not leave a negative impression on anybody in the organization when you are leaving.
Think positive and be positive!
Just act accordingly on time and be happy. Don't worry.
Regards,
Bharghavi
From India, Bangalore
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Just chill!
You need not get tensed over such small issues when you have a happy life and a future career. It's purely related to your profession, so do not take it personally.
Request one or two more times with your manager and HR, and negotiate. Keep yourself polite and appear calm as Lavika has suggested. HRs are not demons; they are human beings who will surely agree to relieve you. It's better to speak to HR personally and explain your problems instead of making it materialistic. Just have a friendly talk and finish it. You can directly tell them what your "personal problems and family reasons" are.
Yes, of course, they can delay your relieving process, which would definitely affect your future career if your future company insists on your relieving and experience letter. Your future company may also conduct a background check without your knowledge, and if your present HR gives negative feedback, then... you are in trouble. So, don't risk a bad situation and do not leave a negative impression on anybody in the organization when you are leaving.
Think positive and be positive!
Just act accordingly on time and be happy. Don't worry.
Regards,
Bharghavi
From India, Bangalore
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Dear Friend,
As per the details given above, it is understood that you have a two-month notice period and have requested the management to relieve you from services after 27 days of working. So, the shortfall in your case is only 33 days, and the amount for these days could be paid in lieu of the unserved notice period as per the terms of your appointment order. You can request this from HR by stating that you are unable to continue working in the company due to personal problems.
Furthermore, you should also request the management to relieve you upon receiving the payment in lieu of the unserved notice period. Kindly ask for the relieving letter on the same day. It is not necessary to disclose any information about potential opportunities abroad to your current employer. If the management refuses to accept your resignation even when you are willing to make the payment, you can choose to leave the company by settling the unserved notice period through a Demand Draft. Send the payment via Registered Post with acknowledgment due and request them to accept your resignation and issue the relieving letter.
Should they persist in not relieving you and insist on you working the full notice period, you can choose to leave the company after sending the Demand Draft, ensuring the management cannot take legal action against you for breach of the appointment letter terms. In such a scenario, you are not obliged to include your experience at this company in your resume for future job opportunities abroad.
Regards
From India, Hyderabad
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As per the details given above, it is understood that you have a two-month notice period and have requested the management to relieve you from services after 27 days of working. So, the shortfall in your case is only 33 days, and the amount for these days could be paid in lieu of the unserved notice period as per the terms of your appointment order. You can request this from HR by stating that you are unable to continue working in the company due to personal problems.
Furthermore, you should also request the management to relieve you upon receiving the payment in lieu of the unserved notice period. Kindly ask for the relieving letter on the same day. It is not necessary to disclose any information about potential opportunities abroad to your current employer. If the management refuses to accept your resignation even when you are willing to make the payment, you can choose to leave the company by settling the unserved notice period through a Demand Draft. Send the payment via Registered Post with acknowledgment due and request them to accept your resignation and issue the relieving letter.
Should they persist in not relieving you and insist on you working the full notice period, you can choose to leave the company after sending the Demand Draft, ensuring the management cannot take legal action against you for breach of the appointment letter terms. In such a scenario, you are not obliged to include your experience at this company in your resume for future job opportunities abroad.
Regards
From India, Hyderabad
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Hi Aarangara,
Just to add to what Lavika and Bhargavi suggested, first, I shall try to help you with some legal stuff. I keep on saying this in every similar thread/discussion. Employment is an agreement made between two parties, and an agreement can only be equal on both sides.
I am pretty sure your agreement shall say something like this: "The notice period for termination of your services is 60 Days by either side and/or salary in lieu of notice period on the part of the Employer only," which is not equal on both sides and hence the appointment letter is deemed to be null and void.
Now, coming to the practical ground realities, they may or may not consider your request for notice period buyout. They have the right to do so. However, for genuine reasons (like yours), you may request them on a personal rapport, and the same gets accepted.
Now, let me try to answer your questions one by one.
1) Will they leave me as per my requested last working date?
Ans: They may or may not. It depends on the relation you carry with them.
2) Will I face any problem if I don't go after my requested last working day?
Ans: Yes, they can consider you as absconding from services and will update their records the same way. This will affect your background verification and can certainly influence your future opportunities.
3) Shall I have any legal means to get my relieving letter if I don't go to my company and join the other company?
Ans: If you are stubborn (need to look at your future as well. Your future employers need a relieving letter and background verification clearance from the current org you are serving) and willing to take a chance, yes, you can get your relieving letter (Since the formal agreement itself is not valid, the court at its discretion will direct the org to relieve you).
4) Should I send the explanation about my nationality change to my manager in an email? What implications will it have on my experience/relieving letter?
Ans: Your relieving letter and the official records of the org say, "relieved on personal grounds (considering marriage as a reason)" or may mention your actual reason "future prospects (since you are about to leave India)".
In any case, you have the best possibilities of getting a formal relieving letter from your employer.
Have more questions? You may contact me at +91 7658 919 765.
From India, Hyderabad
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Just to add to what Lavika and Bhargavi suggested, first, I shall try to help you with some legal stuff. I keep on saying this in every similar thread/discussion. Employment is an agreement made between two parties, and an agreement can only be equal on both sides.
I am pretty sure your agreement shall say something like this: "The notice period for termination of your services is 60 Days by either side and/or salary in lieu of notice period on the part of the Employer only," which is not equal on both sides and hence the appointment letter is deemed to be null and void.
Now, coming to the practical ground realities, they may or may not consider your request for notice period buyout. They have the right to do so. However, for genuine reasons (like yours), you may request them on a personal rapport, and the same gets accepted.
Now, let me try to answer your questions one by one.
1) Will they leave me as per my requested last working date?
Ans: They may or may not. It depends on the relation you carry with them.
2) Will I face any problem if I don't go after my requested last working day?
Ans: Yes, they can consider you as absconding from services and will update their records the same way. This will affect your background verification and can certainly influence your future opportunities.
3) Shall I have any legal means to get my relieving letter if I don't go to my company and join the other company?
Ans: If you are stubborn (need to look at your future as well. Your future employers need a relieving letter and background verification clearance from the current org you are serving) and willing to take a chance, yes, you can get your relieving letter (Since the formal agreement itself is not valid, the court at its discretion will direct the org to relieve you).
4) Should I send the explanation about my nationality change to my manager in an email? What implications will it have on my experience/relieving letter?
Ans: Your relieving letter and the official records of the org say, "relieved on personal grounds (considering marriage as a reason)" or may mention your actual reason "future prospects (since you are about to leave India)".
In any case, you have the best possibilities of getting a formal relieving letter from your employer.
Have more questions? You may contact me at +91 7658 919 765.
From India, Hyderabad
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LEAVING & RELIEVING – NOTICE PERIOD
===================================
With the growth of many industries and better prospects for experienced persons specially IT/BTs, Leaving & Relieving is becoming an unpleasant & embarrassing issue for employees & HR Heads in some Cos. There is HR Heads both in Recruiting Cos. As well as Relieving Cos. formulating above Policies but still there is no uniform & fair Rules & it becomes arbitrary leading to unpleasantness.
Sometimes, Company Fires/Terminates an employee within no time; but when a person leaves, relieving is made an issue for want of clear & uniform Rules. Today; every qualified person works for better prospects including the TOP/ HODs will be searching for green pastures. The reason for change of heart in many cases is the disparity in pay scales. Nobody is indispensable. When one person leaves, there are 10 others ready to join. Proper, Reasonable & Uniform Rule must be framed to make the above process friendly instead of arbitrary & litigation. In most Cos., it is the HR Head for Recruiting as well as for Relieving and he becomes the target for arbitrariness. One Co.HR Head forcing an Employee to join next day & another Co. HR Head insisting an Employee to work for 3 months leads to un-civilised practice & it is unfair.
The HR Heads can make a uniform & reasonable Notice period for Relieving as under:
All Employees upto Asst./Dy.Manager .. 1 Month Notice period - (to serve)
Dy.Manager/Manager & above .. 2 Months Notice period ..(Unless there is compelling reason to warrant reduction or extension of serving Period
Similarly, the Joining period for employees can be fixed corresponding to Relieving as above.
Management can fix reasonable period based on type of industry, operation requirements etc., seek Labour Commr’s approval for the same, exhibit on Notice Board, incorporate in the Apptt.Orders, Standing Orders & Service Rules, tobe circulated for the infn. and compliance by all employees.
If the HR Heads of the Companies implement above Policies for Joining as well as Relieving, the heartburning can be reduced.
Request CiteHR members comments on the above for general guidance of all HR Managers & HR Heads.
c.neyimkhan 30.11.14.
From India, Bangalore
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===================================
With the growth of many industries and better prospects for experienced persons specially IT/BTs, Leaving & Relieving is becoming an unpleasant & embarrassing issue for employees & HR Heads in some Cos. There is HR Heads both in Recruiting Cos. As well as Relieving Cos. formulating above Policies but still there is no uniform & fair Rules & it becomes arbitrary leading to unpleasantness.
Sometimes, Company Fires/Terminates an employee within no time; but when a person leaves, relieving is made an issue for want of clear & uniform Rules. Today; every qualified person works for better prospects including the TOP/ HODs will be searching for green pastures. The reason for change of heart in many cases is the disparity in pay scales. Nobody is indispensable. When one person leaves, there are 10 others ready to join. Proper, Reasonable & Uniform Rule must be framed to make the above process friendly instead of arbitrary & litigation. In most Cos., it is the HR Head for Recruiting as well as for Relieving and he becomes the target for arbitrariness. One Co.HR Head forcing an Employee to join next day & another Co. HR Head insisting an Employee to work for 3 months leads to un-civilised practice & it is unfair.
The HR Heads can make a uniform & reasonable Notice period for Relieving as under:
All Employees upto Asst./Dy.Manager .. 1 Month Notice period - (to serve)
Dy.Manager/Manager & above .. 2 Months Notice period ..(Unless there is compelling reason to warrant reduction or extension of serving Period
Similarly, the Joining period for employees can be fixed corresponding to Relieving as above.
Management can fix reasonable period based on type of industry, operation requirements etc., seek Labour Commr’s approval for the same, exhibit on Notice Board, incorporate in the Apptt.Orders, Standing Orders & Service Rules, tobe circulated for the infn. and compliance by all employees.
If the HR Heads of the Companies implement above Policies for Joining as well as Relieving, the heartburning can be reduced.
Request CiteHR members comments on the above for general guidance of all HR Managers & HR Heads.
c.neyimkhan 30.11.14.
From India, Bangalore
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Dear Neyim Khan,
I suppose the present formal and standard corporate business organizations are already into this. I'm not sure whether they are taking approvals from the Labour department or not, but to my knowledge, the notice period varies from levels to levels in all organizations as mentioned by you. Of course, mentioning a three-month notice period for the lowest levels is an unfair practice.
Moreover, considering the joining date is in the hands of the prospective employee for a joining company. The employee can decline the offer when the company compels them to join before they complete the notice period in the present company because they have already signed the agreement with the present company.
The employee has to take care of these issues themselves because they have their kerchief safely placed in one of the seats. It should be their sole discretion whether to take the risk or not.
Regards,
Bharghavi D
From India, Bangalore
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I suppose the present formal and standard corporate business organizations are already into this. I'm not sure whether they are taking approvals from the Labour department or not, but to my knowledge, the notice period varies from levels to levels in all organizations as mentioned by you. Of course, mentioning a three-month notice period for the lowest levels is an unfair practice.
Moreover, considering the joining date is in the hands of the prospective employee for a joining company. The employee can decline the offer when the company compels them to join before they complete the notice period in the present company because they have already signed the agreement with the present company.
The employee has to take care of these issues themselves because they have their kerchief safely placed in one of the seats. It should be their sole discretion whether to take the risk or not.
Regards,
Bharghavi D
From India, Bangalore
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Thank you all for your quick responses.
I am very happy when I saw these many responses from you people, and it made me feel better. I really appreciate your efforts.
But unfortunately, I had met one of the senior HR members of my organization to explain all my concerns.
Instead of a little positivity, he did not support any of my points.
He even went to the extent of saying that the company does not have a buy-out policy. There is no such policy (I was shocked). He explained to me they have a "Shortfall amount in the notice period" and not a buy-out. He said a buy-out is in the employee's hand, and a shortfall is in the employer's hand. So in my case, if my organization decides to relieve me early, then only the question of the shortfall amount clause can be considered.
I asked what if I quit; he simply said you will be considered absconding.
I have lost all hope in this organization and its people, especially my manager, DM, HR.
I guess it's better for me to now forget that offer and look for new opportunities after my marriage. That offer was very good for me both from a professional and personal point of view, keeping in mind my career, my family, etc.
I again heartily thank you all for your support and answers.
From India, Pune
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I am very happy when I saw these many responses from you people, and it made me feel better. I really appreciate your efforts.
But unfortunately, I had met one of the senior HR members of my organization to explain all my concerns.
Instead of a little positivity, he did not support any of my points.
He even went to the extent of saying that the company does not have a buy-out policy. There is no such policy (I was shocked). He explained to me they have a "Shortfall amount in the notice period" and not a buy-out. He said a buy-out is in the employee's hand, and a shortfall is in the employer's hand. So in my case, if my organization decides to relieve me early, then only the question of the shortfall amount clause can be considered.
I asked what if I quit; he simply said you will be considered absconding.
I have lost all hope in this organization and its people, especially my manager, DM, HR.
I guess it's better for me to now forget that offer and look for new opportunities after my marriage. That offer was very good for me both from a professional and personal point of view, keeping in mind my career, my family, etc.
I again heartily thank you all for your support and answers.
From India, Pune
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Dear Aarangara,
Think before you act. I can understand the pain at your end. However, you might end up losing both offers. If at all, you are planning to abscond (though I do not suggest), don't you think your prospective employer gave you an offer based on the experience you've put on your profile? Don't you think whatever the 'X' package offered was based on the current ATC you are drawing? How can you prove to them that you were ever employed with your current org?
From India, Hyderabad
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Think before you act. I can understand the pain at your end. However, you might end up losing both offers. If at all, you are planning to abscond (though I do not suggest), don't you think your prospective employer gave you an offer based on the experience you've put on your profile? Don't you think whatever the 'X' package offered was based on the current ATC you are drawing? How can you prove to them that you were ever employed with your current org?
From India, Hyderabad
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SUB: LEAVING & RELIEVING – NOTICE PERIOD
Few more points on the above subject which could not be included Yesterday; is appended below:
Before that, I thank Learned Shri Bhargavi & TGS Diskhit for sharing their knowledge on the vexed issue.
The reasons for many leaving & joining New Cos. at short notice is due to wide disparity of salaries. It becomes a choice for the employee to quit & join new Co. whereas; for the employer; he may offer a better package to retain him.
Employees mobility has increased not only due to salary but also other things like better position, better work/Dept, new Co., new environment, new Boss & expecting recognition which may be lacking in previous Co. The issue is very ticklish for the employee as well as employer when there are no specific Policies on Resignation, Notice Period & Relieving.
1. Some Cos. Stipulates a Minimum service say; 2 years before which if an employee resigns, he should give Notice period of one more month in addition to the Notice period already mentioned for the particular category above:
2. HR Dept. should issue OFFER LETTER/APPTT.ADVICE LETTER upon Selection of the person incorporating the essential points like Post, Dept., Location, Salary, Duty Joining Date, Notice period, Minimum service condition etc., so that the prospective candidate is forewarned of the important T&C of his Employment & decide whether to resign the existing job & join new Co. to reduce all future blames for himself & HR Dept.
Where a Co. has spent heavily on Training like Foreign Training under Bond or where there is Enquiry pending against employee, Relieving can be considered as per decided cases by Courts.
Request seniors HR Members to throw more light on the issue for the guidance of HR Managers as also for the employees.
Thanks.
01.12.2014
From India, Bangalore
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Few more points on the above subject which could not be included Yesterday; is appended below:
Before that, I thank Learned Shri Bhargavi & TGS Diskhit for sharing their knowledge on the vexed issue.
The reasons for many leaving & joining New Cos. at short notice is due to wide disparity of salaries. It becomes a choice for the employee to quit & join new Co. whereas; for the employer; he may offer a better package to retain him.
Employees mobility has increased not only due to salary but also other things like better position, better work/Dept, new Co., new environment, new Boss & expecting recognition which may be lacking in previous Co. The issue is very ticklish for the employee as well as employer when there are no specific Policies on Resignation, Notice Period & Relieving.
1. Some Cos. Stipulates a Minimum service say; 2 years before which if an employee resigns, he should give Notice period of one more month in addition to the Notice period already mentioned for the particular category above:
2. HR Dept. should issue OFFER LETTER/APPTT.ADVICE LETTER upon Selection of the person incorporating the essential points like Post, Dept., Location, Salary, Duty Joining Date, Notice period, Minimum service condition etc., so that the prospective candidate is forewarned of the important T&C of his Employment & decide whether to resign the existing job & join new Co. to reduce all future blames for himself & HR Dept.
Where a Co. has spent heavily on Training like Foreign Training under Bond or where there is Enquiry pending against employee, Relieving can be considered as per decided cases by Courts.
Request seniors HR Members to throw more light on the issue for the guidance of HR Managers as also for the employees.
Thanks.
From India, Bangalore
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