[komalm]

Hi,

I was just going thru all the to-and-fro going on in the 'Resignation Letter' thread on this forum. I hv got a related question.

How important is it to server the complete notice period while we resign from an org.

As my company has a norm of 3 months notice period. But practically speaking no prospective employer, in case we are going for a new job and not for higher studies, would wait for such a long period for a candidate. They genrally insist on joining as early as possible.

In such as case which is a best option:

1. Find a job, resign, serve complete notice period and expect the future employer to wait for such long time ?
2. Find a job, resign, but do not serve complete notice. In this case the present company threatens to take legal actions against him.... Is this really true that companies take legal actions against the employee if they do not serve the notice ?
3. Resign first and then look for a new job while serving a long notice, and hope to be lucky that one finds a dream job in those 3 months ?
4. Any other better option ???

What pros and cons are there to not able to serve complete notice period? Does it really leave an ugly mark and closes the future doors if one wants to come back?

- Komal

[Tumtum]

Originally Posted by komalm

Hi,

I was just going thru all the to-and-fro going on in the 'Resignation Letter' thread on this forum. I hv got a related question.

How important is it to server the complete notice period while we resign from an org.

As my company has a norm of 3 months notice period. But practically speaking no prospective employer, in case we are going for a new job and not for higher studies, would wait for such a long period for a candidate. They genrally insist on joining as early as possible.

In such as case which is a best option:

1. Find a job, resign, serve complete notice period and expect the future employer to wait for such long time ?
2. Find a job, resign, but do not serve complete notice. In this case the present company threatens to take legal actions against him.... Is this really true that companies take legal actions against the employee if they do not serve the notice ?
3. Resign first and then look for a new job while serving a long notice, and hope to be lucky that one finds a dream job in those 3 months ?
4. Any other better option ???

What pros and cons are there to not able to serve complete notice period? Does it really leave an ugly mark and closes the future doors if one wants to come back?

- Komal

I dont know how it works in other inndustries but in Ibanks, the standard is 2 months notice period.

What generally happens is that mostly the Ibank that is recruiting the candidate pays for the candidate's 2-month notice period (or 1 month out of 2 months) if it wants the candidate to join early. Otherwise it waits for 2 months. I dont know of this is the scene in IT/ITES or other industries but this has happened with me and many of my friends so I know for sure.

Secondly, IMHO, you should not at all even think of resorting to 2nd Option of not serving the full notice period. I don't know about what legal recourse the company may resort to but you sure may not get the relieving letter or may get it with a penalty being imposed or you may have to face the pay cut for the last month you worked.

Also I have seen cases of the company making unnecessary delays in giving relieving letter and making final settlement. In that case you will be in a tight spot because the company you join will as per laws, require the relieving letter from your previous company. What will you do then?

The 3rd Option should be resorted to if you are extremely confident of what you are doing! If you feel that you have it in you to get a new job anyhow in 3 months, then go for it.

However this option has its own perils because you will be giving the impression to the other company that you have been served a notice to leave your previous company, unless if you dont tell them that you are not serving the notice period already.

The 3rd option will become tricky especially if you find a job at the fag-end of the 3 months of your notice period. Consider this communication that you MAY have in an interview

Interviewer: When can you join?
You: Next week...

Interviewer: What! Whats your notice period?
You: 3 months !

Interviewer: If its 3 months, why do you say you can join in a week's time?
You: Because I have served them a resignation notice 3 months back and only a week's time is left for its completion.

Interviewer: Did you serve the notice or was the resignation notice served to you?
You: Answerless and redfaced !

See...this could make you look stupid (no offence meant but the fact remains!).

Best thing to do in such a case is ask for a joining bonus from the company that you are moving to and use it to pay 3 months salary and finish off the paper work with your previous company. That will lead to a lot less bad blood and you will get your relieving letter and final severance dues too.

Also, please do not forget to take a Form 16 from your old company. Your new company will need it at the year end when your salary is consolidated.

Regards,

Tumtum.

[komalm]

Thanks a ton Tumtum!

This all is too informative info, specially the othersides of option 3.

Additionally, when you have already mentioned about the Form 16, then could u pls tell me the use & improtance of Form 16. I already have this from my last org but i havn't yet susbmitted this to my current org. What different can it make if i am already late in submitting this?

thanks
Komal

[Tumtum]

Originally Posted by komalm

Thanks a ton Tumtum!

This all is too informative info, specially the othersides of option 3.

Additionally, when you have already mentioned about the Form 16, then could u pls tell me the use & improtance of Form 16. I already have this from my last org but i havn't yet susbmitted this to my current org. What different can it make if i am already late in submitting this?

thanks
Komal

Please give your form 16 to the payroll dept so that they make proper tax adjustments and given you a consolidated form 16 at the end of this financial year.

Based on this final/consolidated form 16, you will have to file returns and get an ITR challan, which is a legal proof that u have filed tax returns. Its an important document you see.

If you dont submit your form 16 to payroll dept, then you may escape paying tax if you make less than Rs 1 Lakh between the date of joining new company and the end of financial year. But then these irregularities can be spotted easily. So better give the form 16 to your payroll dept !

Hope this helps !

Regards,

Tumtum !