Follow up post: Employer asking me to serve a 2 month notice period now

Community Forums Legal Advice India Follow up post: Employer asking me to serve a 2 month notice period now

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    • #46972 Reply
      User_8cda87a8
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        User_8cda87a8
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        February 25, 2025 at 10:54 am
        This is a follow up to my previous post that I made couple of weeks ago –

        https://www.reddit.com/r/IndianWorkplace/s/ziHJ0KCG72

        We realised that the way to deal with a non compete clause situation is to have a business account setup in somebody else’s name and then ask that person to send you that money in the form of salary through that business account. We are taking the help of a CA to set everything up and hopefully everything goes as planned.

        My client is leaving my company on 28th of February, 2025 which means I technically won’t have anything to do after 28th of Feb, 2025 in my current company but my HR is forcing me to serve a 2 month notice period. I’m telling her that I don’t plan on getting trained on new clients only to train somebody else and that would be a horrendous proposition for you because you don’t wanna pay me any money for training – you pay me money for actual work.

        Technically my client leaves then I leave and that should be the end of the story but this notice period thing is another form of harassment from my shitty company to make sure that I don’t get the chance to work directly with my client.

        How to deal with this? Technically the purpose of notice period as far as my understanding goes is to – make sure you train a new person on your existing process and tasks etc. before you leave. But since my client is leaving the services of my current company, there is practically no need to train anyone on my process. Why tf is my company then harrassing me for this and forcing me to serve this BS notice period?

        I don’t know if there is a provision to reduce or buyout notice period by giving them some portion of your salary back but for me this is pure and utter harassment.

        On top of that, these people are telling me that they want in written that I wouldn’t be working with my client directly. What should I do now?

        I’m stuck in this position right now and don’t know how to deal with this?

      • #46973 Reply
        Puneetknight613
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          Puneetknight613
          PARTICIPANT
          February 25, 2025 at 10:41 pm
          Going through all these hoops you are just seeing things in short term.

          This is basically a career suicide, many companies may not hire you later on given that you broke the non-compete.

          No company can force you to stay back and work, weather there is buyout provision or not. If you don’t care about your experience letter you can drop a mail saying so so and is your last date and you are ready to buyout your notice period, else you have to leave due to personal reasons. But the employer is within their right to refuse buyout, but they can’t force you to work either, so they will refuse to give experience letter.

          Other option is serve the notice period and start working for your next employer, since it’s a contract role, there should be minimal impact, as there won’t be any PF involved.

          There are non-competes for a reason as the company is taking all the risks for you, and pays you even there is no project for a while.

          • #46974 Reply
            Puneetknight613
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              Puneetknight613
              PARTICIPANT
              February 25, 2025 at 10:44 pm
              Whatever you do will mostly be picked up in BGV and will affect your future career, do keep that in mind

              • #46976 Reply
                User_8cda87a8
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                  User_8cda87a8
                  OP
                  February 26, 2025 at 12:07 am
                  Thanks so much for the input. I think the best thing as of now would be to just serve the notice period and get the experience letter and then leave. That will make sure there are no conflicts between me and my current company.

                  As for breaching non competes look for me in all honesty this is kind of a once in a lifetime opportunity to switch roles and earn substantially more than what I am currently doing. Beyond that I don’t know how big of a role non competes play at entry level analyst roles which is what I have with my current company.

                  Henceforth, I’m just thinking about completing the notice period and taking the experience letter and leaving on a positive note without ruffling any feathers.

                  What do you think about all this?

                • #46975 Reply
                  User_8cda87a8
                  Participant
                    U
                    User_8cda87a8
                    OP
                    February 26, 2025 at 12:20 am
                    Thanks so much for the input. I think the best thing as of now would be to just serve the notice period and get the experience letter and then leave. That will make sure there are no conflicts between me and my current company.

                    As for breaching non competes look for me in all honesty this is kind of a once in a lifetime opportunity to switch roles and earn substantially more than what I am currently doing. Beyond that I don’t know how big of a role non competes play at entry level analyst roles which is what I have with my current company.

                    Henceforth, I’m just thinking about completing the notice period and taking the experience letter and leaving on a positive note without ruffling any feathers.

                    What do you think about all this?

                    • #46977 Reply
                      Puneetknight613
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                        Puneetknight613
                        PARTICIPANT
                        February 26, 2025 at 4:15 am
                        That’s the best option, also the new company is picking you up as contractor, keep you expectation low, they may fire you as soon as the work is done or they have some financial distress. If they fire your company they can easily fire you. Prepare yourself for any outcomes.

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