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joining period of companies these days

Praveen Sharma
Ranch Hand

Joined: Jul 31, 2008
Posts: 129
These days recruitment by IT companies has started but as far as I see that most companies are asking for a joining period of 15-25 days. And most of the companies have a notice period of 2 months. So its difficult to join the other company in 15-25 days as the current company, with which you are working, wont be ready to release you for at most 45 days. I have seen this in my company, where higher level people dont release employees within 15-25 days.

How to handle this situation.
Please suggest.
Thanks.


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karthikeyan Chockalingam
Ranch Hand

Joined: Sep 06, 2003
Posts: 259
Only way is to explain you need 2 months to join. But you will try your best to join earlier. You need more time depending on the
importance attached your role in the project. When earlier i switched comapnies, I will not accept the offer letters until the joining date is after 2 months from the date of issue.


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Sandeep Awasthi
Ranch Hand

Joined: Oct 23, 2003
Posts: 597
Ask your next company to buy your notice period or you pay for notice period.


Sandeep
Praveen Sharma
Ranch Hand

Joined: Jul 31, 2008
Posts: 129
These days companies are not waiting for a candidate to join in 2 months. So that scenario is not possible. And regarding buying the joining period is also very difficult if I have a important role in the project. The current company sometimes dont agree to that as well.

Should we restore to some sort of lie in that case ?
Sandeep Awasthi
Ranch Hand

Joined: Oct 23, 2003
Posts: 597
And regarding buying the joining period is also very difficult if I have a important role in the project. The current company sometimes dont agree to that as well.

Legally if it is mentioned in your *Contract of Employment*, no one can stop you from going if you are buying notice period.
Campbell Ritchie
Sheriff

Joined: Oct 13, 2005
Posts: 37926
    
  22
Is this a problem specific to a particular area or country? I don't remember it ever being a problem in Britain; here all employers know their appointees have to give a certain notice before leaving.
Pushkar Choudhary
Rancher

Joined: May 21, 2006
Posts: 425

Campbell Ritchie wrote:Is this a problem specific to a particular area or country? I don't remember it ever being a problem in Britain; here all employers know their appointees have to give a certain notice before leaving.


I guess the OP is talking about the scenario in India (I'm not sure which part of India though). And yes, I've seen it recently here in Bangalore too, where quite a few of the companies (typically, the smaller companies) ask you to join in 10-15 days. In fact, I've also seen some job postings where it is clearly mentioned that one should NOT apply unless he/she can join in 10-15 days. And this is when they expect to get a person already working somewhere with quite a bit of experience, not a college fresher who can join whenever they want him to.

Sandeep Awasthi wrote:
Ask your next company to buy your notice period or you pay for notice period.


Recently, one of my colleagues resigned from his job. He is supposed to serve a notice period of 2 months, but he asked his manager and the HR manager if they can relieve him in 45 days since he currently does not have a project. And they have been denying his request for about 15 days now. He's even told them that he would pay for the time he won't serve, still they don't agree. And now, even his next company is refusing to extend his joining date. He's in a big soup!!
Praveen Sharma
Ranch Hand

Joined: Jul 31, 2008
Posts: 129
I am talking about the current scenarios in India, Bangalore. Pushkar's example is the exact one which I was referring to.
Sandeep Awasthi
Ranch Hand

Joined: Oct 23, 2003
Posts: 597
You need to understand why companies have extended notice periods to 2 months ( some even have 3 months ) and decreased probation period ( some have only 3 months ). The intention is to block you from leaving.

Now buying notice period, if it is mentioned in contract of employment, it is perfectly legal, if some company is still trying to block you, it is illegal that you have to understand. You have to read your contract of employment.

If next company want you to join in 45 days and you blindly make a commitment and afterwords ask next company to buy your notice period, that may not work out. You have to prepare strategy to have smooth exit at the same time not loosing next opportunity. No one want to go without properly handing over responsibilities. But it does not take 2 or 3 months to hand over. One month is enough. My suggestion is do not let you fall in a trap where next company puts pressure on you to join soon while current company trying to block you, it is trap. How to handle it, is up to you.
Pushkar Choudhary
Rancher

Joined: May 21, 2006
Posts: 425

Sandeep Awasthi wrote:buying notice period, if it is mentioned in contract of employment, it is perfectly legal, if some company is still trying to block you, it is illegal that you have to understand. You have to read your contract of employment.


I'm not sure if it's mentioned in my colleague's contract, but I guess it would be, since I just checked mine and found this clause. But, even if it is perfectly legal and your current company is still blocking you, can anyone do anything about it? I know one can probably file a lawsuit, although I'm not sure if someone would go for that kind of a step, especially if your company is a big company, because they would have a very good team of lawyers.
Campbell Ritchie
Sheriff

Joined: Oct 13, 2005
Posts: 37926
    
  22
Difficult to tell. I suspected it was an Indian problem, which is why I asked about countries yesterday. The smaller companies who demand people join soon seem to be behaving inappropriately. A bit like a bus company hiring a driver and telling him to drive a bus, and also to pass his driving test within a month

In Britain, it would be regarded as breach of contract for an employee to leave before the notice period expires, so the company would be entitled to withhold salary for that period. The converse also applies; if the company terminate employment with a shorter notice period, they would be obliged to continue paying a salary until notice would have expired. An employee leaving too quickly could be sued for damages (this is a tort) but I don't know how successful that would be, nor whether the court would award more than the salary anyway.

Obviously Indian law might be completely different.

I did once speak to somebody who once had a job with 24 hours notice. So when he got a new job, he simply had to tell his boss, "I am leaving tomorrow."
Pushkar Choudhary
Rancher

Joined: May 21, 2006
Posts: 425

Campbell Ritchie wrote:
I did once speak to somebody who once had a job with 24 hours notice. So when he got a new job, he simply had to tell his boss, "I am leaving tomorrow."


Wow! Isn't that cool..!! And how I wish that was the case with all the companies...

If wishes were horses......
Joe Harry
Ranch Hand

Joined: Sep 26, 2006
Posts: 9344
    
    2

The prospective employer could even buy you out if they find your skill set very much needed for them.


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Praveen Sharma
Ranch Hand

Joined: Jul 31, 2008
Posts: 129
Thank you all for the valuable suggestions. At the end of it I feel it will basically depend on how one tackles the situation. And in some cases I feel you will need luck to support you if you do fall in the "TRAP". As i have seen in case were people had to withdraw the resignation as current company would not release them and new company wont wait for 2 months.
Pushkar Choudhary
Rancher

Joined: May 21, 2006
Posts: 425

Praveen Sharma wrote:I feel it will basically depend on how one tackles the situation. And in some cases I feel you will need luck to support you


Having good relations with your current management would also help.
Ram Korutla
Ranch Hand

Joined: Dec 24, 2007
Posts: 80
If a candidate backtracks his resignation, I dont think there will be any respect or dignity for that guy..hell embarrassing situation
Amanda Carter
Greenhorn

Joined: Apr 29, 2010
Posts: 2
The situation described here is similar to that of a friend of mine. Due to his job timings he sort of managed both of them as his previous employer wanted him to work at night and he was undergoing training for his current employment so he just managed to get through it. This is the situation that is not only prevalent in India, but also in may other places too. The employers just take the undue advantage of the employee by binding them and threatening them to wash their hands off the job. Having good relations with the current management could help but where the company policies comes into the pictures there is not much management could handle.


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