Not serving the complete 90 days notice period

Explain your issues to future HR/Line Managers/employer and request them to absorb you on the strength of copy of notice of resignation/final resignation and its POD, alone.

Express that you cannot submit acceptance of resignation, service certificate, relieving letter etc until these are supplied to you by the past employer and you should not be terminated if you are unable to submit due to reason that you can explain to them.

Mention that the past employer may post adverse comments in BGV/reference check if that is to be done by future employer.

Ask them to buy out your notice period.

All above mentioned is discretion of future employer and they should stand by you.

Preferably transact in writing under proper acknowledgment.

What was the notice period mentioned by you to future employer; in employment forms; 30days or 90days?  

What was the joining period mentioned by you to future employer; in employment forms; 30days or 90days?  

If you are obliging the future employer then it should stand by you.

Employers are known to support employees and in such cases like your’s, it is expected also.

You have risked your current employment/employability for this future employment/employability and more in future.

It is your personal decision to take up next employment and give up current employment or slip over the next opportunity and be with current employer till you find another opportunity that provides you with 3 months joining time.

Try to resolve with future employer by your own skills of persuasion, persistence, reasoning, negotiations. If required take help of higher ups.

Likewise try to resolve with current employer by your own skills of persuasion, persistence, reasoning, negotiations. If required escalate to good offices of appointing authority/MD/CEO.

Build irrefutable record under proper acknowledgment for future use and reference, if required, at appropriate time in appropriate forum.

The Line Manager/HR may actually be helpless sometimes due to employer’s internal private policies for them.

They may not risk their employment for the sake of your employment.

Or they have turned zealous, vindictive.

You alone are closest to reality and would know the facts and can act accordingly.

Hope you have the offered to tender notice pay in lieu of notice period and have mentioned clear notice period/LWD in notice of resignation and have submitted in writing under proper acknowledgment.

The notice period of 90dasy may not necessarily be applicable in your case.

The stand of employer that ‘or a payment in lieu of notice period, if permitted by the Firm’ may not necessarily be tenable in your case.

The contentions of employer may not necessarily be legally tenable.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Do you have evidence of all tasks are completed and nothing is pending at your end?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You must not mention names/email id’s/phone numbers etc while posting your reply.

If you wish you may attach the copy of your appointment letter/offer letter/service rules etc. However you may erase the names/logo/email id’s/phone numbers etc to maintain the confidentiality.

With no specific solution, totally vague posts by Mr. Kumar Doab. If he is honest and sincere towards the querist, he must explain, in whatr way such a long, but irrelevant information sought by him can solve the problem of the querist.