ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

How to relieve in 15 days where the notice period is 2 month

Employers looking for workers, people looking for employers: Get connected here.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

namastelondon
Member
Posts: 133
Joined: Sun Feb 17, 2008 2:33 pm
Location: Hitchin
Contact:

Post by namastelondon » Tue Nov 17, 2009 7:01 pm

Buying notice period is a normal practise. Some companies have 3 months as notice period and no new employer/employee is going to wait for 3 months.
Gulbhai u might be working as a manager thats why u talk like that. Many employers now hire average employer as they stay longer.

If u have skills/ambitions u will change. I felt it was good in my case that i changed companies as u improves ur skills and learn new things. If u have skills jobs will come to u.....

gotcha
Member of Standing
Posts: 478
Joined: Wed Aug 08, 2007 5:34 am

Post by gotcha » Wed Nov 18, 2009 12:19 pm

ghulbhai is using exteme emotions, but, I think , it is wrong to expect employer to act in your favour, when you do not.

Remember, OP want to be releived in 15 days, being onsite, that's unprofessional . And want to "buy" notice period. I agree with ghulbhai, notice period is not only about money, but for smooth transition. 1 month is optimum , i think. 15 days is not "fair" notice period, given he is in client facing role,onsite.

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Post by ChetanOjha » Wed Nov 18, 2009 1:24 pm

gotcha wrote:ghulbhai is using exteme emotions, but, I think , it is wrong to expect employer to act in your favour, when you do not.

Remember, OP want to be releived in 15 days, being onsite, that's unprofessional . And want to "buy" notice period. I agree with ghulbhai, notice period is not only about money, but for smooth transition. 1 month is optimum , i think. 15 days is not "fair" notice period, given he is in client facing role,onsite.
Client facing role shouldn't be a problem especially when OP is claiming that his client is happy to relieve him in 15 days and also happy to give him things in written. Besides, OP is also happy to stay in touch by phone,email etc should his employer need any info,assistance for the role.

gotcha
Member of Standing
Posts: 478
Joined: Wed Aug 08, 2007 5:34 am

Post by gotcha » Wed Nov 18, 2009 1:46 pm

chetanojha wrote:
gotcha wrote:ghulbhai is using exteme emotions, but, I think , it is wrong to expect employer to act in your favour, when you do not.

Remember, OP want to be releived in 15 days, being onsite, that's unprofessional . And want to "buy" notice period. I agree with ghulbhai, notice period is not only about money, but for smooth transition. 1 month is optimum , i think. 15 days is not "fair" notice period, given he is in client facing role,onsite.
Client facing role shouldn't be a problem especially when OP is claiming that his client is happy to relieve him in 15 days and also happy to give him things in written. Besides, OP is also happy to stay in touch by phone,email etc should his employer need any info,assistance for the role.
Chetan,

As mentioned in my OP, his manager will not see with sympathy to him. Nobody know, how his company works, may be client is ready to relieve him, but transfer of responsibilities/replacement takes some time.

He seems to be in hurry, but I don't know, if there is way to ask his new employer to wait for a month atleast(to lodge immigration related stuff).
Which is norm, I assume.
Serving in a company for 4 years, you definitely don't want to leave in 15 days(calendar).

It's always better to leave company on good note. My two cents.

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Post by ChetanOjha » Wed Nov 18, 2009 1:50 pm

gotcha wrote: It's always better to leave company on good note. My two cents.
I will put my cents on that advice too.

ghulbhai
Newbie
Posts: 43
Joined: Tue Apr 01, 2008 6:43 am
Location: bangalore
Contact:

Post by ghulbhai » Thu Nov 19, 2009 12:46 pm

thanks - finally someone (gotcha) is seeing sense in my post.

remember that this guy might be willing to keep in touch with his prev company/client through email / phone / whatever. that is good will. but if the problem is complicated or tough to resolve, that company cannot enforce this guy to fix it legally. so in which case this guy might simply wriggle out.

wont he?

and neither is he legally allowed to discuss about source code that belongs to some company to which he is not involved, atleast anymore.

let us not bring good will into procedural matters.

the very purpose this guy accepted discretion of the management in 2 months notice or whatever sum - is itself enforceable.

remember its not your discretion - its the management's discretion.
having said that - your comment is only a a gripe or disenchantment against rules that you originally and happily agreed and signed.

its like saying i no longer agree to drive at 30mph in a 30mph zone, just because i need to home quick. well thats your problem mate. you cant endanger others.

hrissue
Newly Registered
Posts: 12
Joined: Mon Nov 09, 2009 2:03 pm

Post by hrissue » Tue Dec 01, 2009 10:02 am

Well, so finally my visa is transfered to the new employer and i have submitted my resignation to the current one....
As usual there are lot of concerns..
1. I am giving 14 days notice and promising to be available over email,phone for another 2 months. I have asked the employer to even block by relieving letter till then as security.
2. there is hardly any work at the client location because of x'mas and projects are due to begin in 2nd week of january hence there is ample amount of time for the new resource to settle in and even if i continue to stay till then i will be doing nothing at the office!!!

but my employer is going with the employment letter that says i need to serve 2 months notice else need to bear the travel, visa costs etc. borne by the company till date (which will amount to around 8000 dollars).

Since my visa is already transfered legally i am not bound to and in fact cant stay with the old employer.

I have 2 options as i understand as of now...

1. server 14 days notice + pay the amount due of 8000.
or
2. tell the employer that i will not even serve the notice period and leave with immediate effect.. as the amount will still remain the same!!!! :)
and then lodge an official complaint with the immigration asking for due justice to be done and any legal action if required to recover the money sucked up...

Please advice or suggest some other alternative if it is available...

kapoor@yahoo.com
Junior Member
Posts: 68
Joined: Thu Nov 22, 2007 10:11 pm

my experience

Post by kapoor@yahoo.com » Tue Dec 01, 2009 12:12 pm

I would like to share my experience with you guys as I was in same situation last year.
After working with IT giant for 6 years (this was my first job), I submitted my resignation, requesting to relieve me in 1 month (while the notice period was 3 months), as my new employer expected me to join in month’s time. After long negotiations/requests, my manager didn’t agree to relieve me in 1 month and asked me to serve 3 months notice period. I went from pillar to post, from HR manager to Delivery manager, to at least relieve me in 1.5 month rather than 1 month, as I was hopeful that my new employer will agree for further 15 days delay. Talked to lot of my friends/people who were in same situation and most of them advised me to just leave the company in 1 month without caring for notice period. Though, I was reluctant as it was my first job, one and only job and was not sure about experience letter/references etc. Finally, I decided to take this up with my new employer. Firstly, I talked to my agent, who didn’t find it comfortable and was quite unhappy, but then he agreed to convey the message to my new employer. My new employer asked me for meeting. I went to see new employer and now you can guess what was going on in my mind. I explained them the situation, though quite professionally without criticising my existing employer and to my surprise they readily agreed to wait for 3 months without any fuss. Rather, they told me that as a professional company, they wanted me to serve my full notice period with my existing employer.

Then, I served my full 3months notice.

And now after 1.5 years working with my new employer, I today feel quite happy, satisfied with my decision at that moment and I truly feel I would have regretted to leave my old employer without serving the (unjustified) 3 months notice. Because, at the end of day, a month or couple of months does not matter, what matters in long term is your own history?

This does not mean whoever is in this situation should follow the same route as I did (because for me the conditions were quite favourable), but at least do try to talk to your new employer and then take the best possible decision.

hrissue
Newly Registered
Posts: 12
Joined: Mon Nov 09, 2009 2:03 pm

Post by hrissue » Tue Dec 01, 2009 12:27 pm

To all of those of you who think i dont want to give proper notice period, i would say i would love to but the present immigration law does not allow it.
as per the law once the visa is transfered i am supposed to join the new employer within 14 days and of course you will not resign unless you know the visa has already been transfered with the new employer...
this leaves me with no other option but to leave in 14 days. my current employer knows and understand this immigration rule and acknowledges as well.. but their issue is the letter that i have signed stating 2 months notice..for which they are sticking to...
its a kind of deadlock situation, and i know for sure in future all my prospective employers will understand this as well as its in the law of the country and i had to abide by it...
but because of this 14 days issue i cant stop looking around and think about my career....

This takes me back to the earlier question

Well, so finally my visa is transfered to the new employer and i have submitted my resignation to the current one....
As usual there are lot of concerns..
1. I am giving 14 days notice and promising to be available over email,phone for another 2 months. I have asked the employer to even block by relieving letter till then as security.
2. there is hardly any work at the client location because of x'mas and projects are due to begin in 2nd week of january hence there is ample amount of time for the new resource to settle in and even if i continue to stay till then i will be doing nothing at the office!!!

but my employer is going with the employment letter that says i need to serve 2 months notice else need to bear the travel, visa costs etc. borne by the company till date (which will amount to around 8000 dollars).

Since my visa is already transfered legally i am not bound to and in fact cant stay with the old employer.

I have 2 options as i understand as of now...

1. server 14 days notice + pay the amount due of 8000.
or
2. tell the employer that i will not even serve the notice period and leave with immediate effect.. as the amount will still remain the same!!!! Smile
and then lodge an official complaint with the immigration asking for due justice to be done and any legal action if required to recover the money sucked up...

Please advice or suggest some other alternative if it is available...

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Post by ChetanOjha » Tue Dec 01, 2009 1:10 pm

hrissue wrote:I have 2 options as i understand as of now...

1. server 14 days notice + pay the amount due of 8000.
or
2. tell the employer that i will not even serve the notice period and leave with immediate effect.. as the amount will still remain the same!!!! Smile
and then lodge an official complaint with the immigration asking for due justice to be done and any legal action if required to recover the money sucked up...
Don't think thats a fair demand from your employer. Did you signed letter saying that you will bear all cost i.e. visa etc if you leave without full notice? If not than your employer cannot force you to do that.Beside employer send you on client location so he can make money. He shouldn't be asking cost of relocation or administration cost from you. Besides since your visa is now transferred you cannot work legally with them anyway. Since your current employer know this, he is putting this impossible demand on table.

In worst case, forget about all professional ethics and leave without a word. Just disappear. You have to feed your family and you should look at it that way. If professional approach is not taking you anywhere just change track.

hrissue
Newly Registered
Posts: 12
Joined: Mon Nov 09, 2009 2:03 pm

Post by hrissue » Tue Dec 01, 2009 7:58 pm

Ya you are right but unfortunately i had signed the deputation letter which had this clause but this letter was not on a stamp paper and i know is not enforced in the court of law....
what i am thinking of doing is once my employer gives me the amount due in writing, i will reply them back saying i will be in no case giving the amount apart from the 4000 dollars i had taken loan
and will serve 14 days notice period and give them all the valid reasoning as well....
i then start convincing my supervisor and program manager to help me out as they are currently a bit soft on my resignation and in confidence that things going to be ok as i will be available over phone, email etc....
its just the HR which is a pain at the moment....

This way i can serve my notice period as well and follow the conduct professionally i will later convince them or at least others that what employer did was unprofessional asking money that was spent on me 3 years back...i dont know may be they will ask for salaries as well that they had given me since 3 years..

User avatar
ashishashah
Senior Member
Posts: 723
Joined: Sun Jan 06, 2002 1:01 am
Location: UK
India

Post by ashishashah » Tue Dec 01, 2009 9:05 pm

What will old employer gain by "forcing" you to work for 3 months?
They just want to harass you..The whole approch towards an employee changes after he/she resign..People look through you..
You wont be given any critical job and some one else would be told to double check the work you do,in case you mess up..
Finally ,any thing goes wrong,it is easy to blame some one who is not there to defend or is about to leave..How much effort you put, it would be always viewed as "not enough" as he doesnt care now...
My 2 cents

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Post by ChetanOjha » Wed Dec 02, 2009 12:55 pm

hrissue wrote:i dont know may be they will ask for salaries as well that they had given me since 3 years..
In lighter vein, they may ask you to repay administration cost, which your company incurred to generate your documents,payslips and final settlement, electicity bill of your computer, parking charge for your bike/car ;-)

hrissue
Newly Registered
Posts: 12
Joined: Mon Nov 09, 2009 2:03 pm

Post by hrissue » Thu Dec 03, 2009 1:46 pm

Well surprisingly my resignation has created no issues with my immediate manager and the delivery manager. They know the project impact is minimal and there is no work currently because of X'mas period..
but the HR on the other hand is creating an issue saying my contract says i need to give 2 months notice period else bear all the travel and visa expenses the company has incurred when me and my family had come to australia...
but i know this is ridiculous, its like asking for salaries paid for the last 3 years.. i am just waiting for a written communication from them before i can give them a reply....
but at this stage since i am following the immigration law i should be just ok....lets hope for the best..
i just want to get the relieving letter somehow if possible, else will surely take no objection from the client at least.

sashi1979
Newbie
Posts: 46
Joined: Tue Feb 24, 2009 10:18 pm

Post by sashi1979 » Tue Dec 08, 2009 1:17 pm

hrissue wrote:Well surprisingly my resignation has created no issues with my immediate manager and the delivery manager. They know the project impact is minimal and there is no work currently because of X'mas period..
but the HR on the other hand is creating an issue saying my contract says i need to give 2 months notice period else bear all the travel and visa expenses the company has incurred when me and my family had come to australia...
but i know this is ridiculous, its like asking for salaries paid for the last 3 years.. i am just waiting for a written communication from them before i can give them a reply....
but at this stage since i am following the immigration law i should be just ok....lets hope for the best..
i just want to get the relieving letter somehow if possible, else will surely take no objection from the client at least.
well, i see no sense in your statement... if project manager is okay and hr alone creates issues. why should companies have hr?

its like saying security guards are fine with me stealing but shop owners arent fine...

its a crime in anycase, whoever approves it. in the same way, its a fault as per your deputation letter or whatever you signed...

you still fail to see the reason why you had to sign if you knew you were looking...

when the australian opporty came, you jumped onto it, now you have something else you are jumping on to it... keep jumping.

and you have no regard for corporate IP... so it will be tough for anyone to explain to you that you cant legally be working on 2 diff entities.

Locked
cron