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mig93in
Hi,

I'm working in an IT MNC as a s/w developer in Pune for the past 2 years. Recently I've got a new offer in a gud MNC which is giving me gud hike as compared to the current one. Being aware of the attitude of my managers towards the resources who resign after getting better opportunities, I mentioned a different reason to them telling that since I'm having some personal issues, I need to leave the company. My company policy requires me to serve 3 months of notice, however it can be compensated with leaves or can even be bought out. My managers are not budging and are very much adament on holding me back for 3 months and have even tried to retain me by luring me with some enticing offers. I'm in no mood to serve this period as my new employer might revoke the offer if I don't join them on the stipulated date.

What should be my course of action?? I'm getting tensed day by day..!! Should I stop working and let them decide how are they gonna deal with me?? I'm just crying foul over their unprofessional attitude. I haven't got any dependancies on me, however they are saying that I'm required for some of the projects that are in the pipeline. Can I challange them legally on the grounds of mental harrassment?? I don't want to abscond from here as it is my first company and don't want to take any chances.

Please help me!!

From United States, Arlington Heights
sparky
8

You have a contract with your present employer, honour it. You should not have agreed on a joining date with your new company earlier than the end of your notice period.
From United Kingdom, Glasgow
mig93in
Thanx Sparky..!!
but FYI, I do not have such type of contract with my organisation...Moreover, in the span of these 2 years, I haven't seen anybody serving a notice of 3 months...!! The joining date given to my new employer was totally based on this assumption..!! Its just the question of getting the experience letter from here o'wise I would have absconded..!!

From United States, Arlington Heights
deepthireddy
5

Hi Mig93in,
If you really do not have any work obligations (projects) to be fullfilled then no one can stop you. However, they would definitely try to retain you, just like any other company.
So, check if their offers are enticing. If you find them good then stay back else submit a written resignation letter mentioning that you have no work obligations and the date by which you want them to relieve you. Offer to pay off the notice period, if you can.
Dont get into legal hassles. Its not worth it and it wastes a lot of your time and energy apart from your reputation taking a beating.
If your boss doesnt listen, then try talking to a superior authority and HR. Explain them why you cannot work (your personal reasons).
Meanwhile, also communicate this problem to your future employer and request them to give you an extension in the Joining Date.
Do let us know how did it go....
All the best...

From India, Hyderabad
sparky
8

You have now confused me. You say it’s company policy, but that you don’t have a contract saying it. What does your contract of employment say?
From United Kingdom, Glasgow
mig93in
I hope you understand the difference b/w company policies and a contract/bond b/w employee and a employer. When I joined this company as a fresher, I had a bond with them for one year, since that bond is no longer valid now, I can resign giving them a notice of 3 months. However, this notice can be negotiated with options like buying out and cancellation against leaves.
From United States, Arlington Heights
Neha Jain HR
Hi,

I completely agree with Deepthi...

At this point of time it is important for you to inform your future employer about the problem in getting relieved from this company as it will be easy for you to buy some more time from them.

Also, talking to your super superiors about the early relieving can solve your problem. Rest of your formalities like PF etc no company can stop it..

Hope you get your smooth exit...regards Neha


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