Human Resources/Manager not releasing or agreeing for buyout
I am working in a multinational which is having a 3 month notification period which can be negotiated at the company's discretion which would be adjusted against an equivalent basic salary payment.The decision to do so, should be a signed off through a consultative process, between HR and the first and second level supervisor of the employee.
Now I have got a good offer from a reputed MNC and they are asking me to join within 1.5 to 2 months and are ready to buy me out for the remaining period. However my manager is adamant and asking me to serve a three month notice period and is not even ready for a buyout. I have spoken to him many times but he is not agreeing at all and often threatening me with issues that if I do leave the organization without serving the notice period then I would not be provided with either a release letter or an experience certificate and legal action could be taken against me. Due to such a situation I have already lost many opportunities in other companies who were willing to buy me out. The irony is nowadays no company wants to wait for 3 months.If this goes on happening then my skills and upliftment in career ambitons would be jeopardized. Kindly help me as to what I can do in such cases?
The situation you are in can indeed be quite frustrating - having an offer and not being able to join it because of not being released by your current company. At the same time it is painful for companies too if they have tasks to be finished and people want to leave before the agreed notice period and there is no replacement available within the early release period.
Yet dealing with such a situation requires mature handling from both the employer (the boss as the representative of the company in this case) and the employee (you, in this case).
Here are a few options you could try:
a. Speak with your future employer and share with them your situation transparently and seek their views. Offer to them that you would ideally like to walk away after completing your responsibilities and retaining a good working relationship with your current employer as a matter of good employee practice. However, if they still want you to join earlier, they would have to be willing to take you without a release letter or an experience certificate.
b. Speak with your current boss and understand his concerns in letting you go early. You may be able jointly figure out a solution that ensures that his concerns are met as well as your needs are fulfilled. What the potential solution will be will depend on what his concerns are.
c. If the boss is being absolutely unreasonable (i.e there are no pending tasks that need your attention in the next 3 months and that you can meet all requirements of you in the next 1.5 to 2 months), then see if there is someone else in the company (in HR or other senior person) who can advise you on what you need to do to meet your requirement without impacting the company.
My responses come from a bias that it helps to maintain strong relationships, show your commitment to what needs to be done and meet your needs at the same time. For example, if the job is in the same city/ location and is non-competing, then there could also be an offer to invest weekends (for a month or two) in the current company after joining the new company to see through the pending tasks/ inducting the new person who replaces you.
Essentially, all this needs to be done transparently & with sensitivity.
Hope this helps you think through and decide better. Do revert with your thoughts & clarifications & I will be happy to respond further. All the best.