How can I waive off my notice period?

I have got an opportunity to work with another organisation but my current employer is not releasing me and forcing me to serve the notice period even if I pay the compensation.

rudraksh, posted on August 7, 2012 at 06:25 pm    Job change

Nishta Gupta said August 8, 2012 at 05:54 pm

Dear Rudraksh,
This needs a little background information for us to come to a FIX for this problem.
1) What is the current notice period and how much relaxation do you want?
2) Is the notice period a written and signed commitment by you to your current employer?
3) Does your company normally waive off notice period?
4) Why is your employer not waiving your notice period?

From your question, it seems that you have already discussed this with HR and your manager.

If not, you should try to convince them that having you on the team with zero/low level motivation will not help the company much. A non performing resource is not something any company would like to have. Tell them that you are willing to walk the extra mile by making sure that your replacement will quickly learn your job and come upto speed with the expectations of the company. It is best that you quit any company on amicable terms - however that does not mean that you dont fight for your rights!

The future employer will also have to be taken into confidence. You should explain the situation to them. Hopefully, they should be able to understand your situation.

Last but not the least, any employer who FORCES you to work against your will is not worth it. Just GO for the new job and make it happen! If you stick your neck out - your existing employer will have no option but to relieve you.

rudraksh said August 8, 2012 at 09:58 pm

The notice period is of 30 days which sum up to one month, now in one month there are 4 saturdays and 4 sundays, also I have 7 leaves in my account and since I resigned on 6th August and ready to serve the notice period till 10th August so the relaxation would be maximum for 10 days and for that as well I am ready to compensate.

The notice period clause is there in my appointment letter which clearly states that if I dont serve the entire notice period I have to pay for the shortfall which I am ready to pay.

Yes, they do waive off notice period, it has happened in the past. I really dnt understand why they are not releasing me.

They are not giving me any specific reason rather busy in wasting time as they are aware that I have to join the other organization on 13th August.

I have tried convincing them in every possible way but the result is same as they are adamant on one thing.

Nishta Gupta said August 9, 2012 at 09:11 am

Are you in the IT industry?

If you are in the middle of a business critical project, there are instances that companies cannot waive off the notice period. And understandably so. One week notice period is not enough as the company needs to find an alternate resource who can fill your shoes. Remember, it is only because of the experience with the current employer that you are getting a chance to work with a new one!

However, if this is not the case, then there is no reason why the company cannot relieve you. You can email them that you have a emergency and hence need to waive your notice period and that 10 August would be your last working day. Escalate if required to somebody senior who can influence and help you in this matter. Make it firm and non-negotiable.

The other big question is: Why cant your new employer not wait for another 10-15 days for you to join them? Companies sometimes even wait 3 months for the new employee. The Saturdays and Sundays count even for the new employer - right! Are the willing to have on board without the relieving letter?

I dont see this a big deal for either of the two parties - the current employer and the future employer.

If your future employer is acting tough for this small period of time, I think you need to evaluate the future employer as well.

These are stepping stones in our career and you should not stress yourself. Keep your calm and assess the situation objectively. You should be able to negotiate either with the current employer or the prospective one with logic, facts, and data. Happy fixing!

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