Xjyuk

I am in a great confusion, where my heart says to leave but my moral says that today whatever I am because of the present company.

Gist: I wanted to switch to a product based company, for that I prepared well, gave 1 hour everyday to data structure , Algorithms and competitive programming along with working in a service based company for 9 hours + 1.5 hours on traveling.

I finally got selected to a product based company which has a salary of 1.8 times my current salary.

The HR of the new company told me that you need to join the company in 45 days then only we can give you offer letter. My present company has provision of 60 days exact.
I cannot apply for buy back as I am a very critical resource in my project, and be sure that my present company is a service based so they cant offer me that salary.

I am trapped now in war, my heart says to join but I don't know how can I join. I asked the new company HR that please allow 15 days extension to 45 days, but she says talk to your present company HR.

Now I have a option that if I go and talk to my present HR about leaving then there will be a buzz around that I am leaving, and if the present company don't release me in 45 days then I will be blown in the company and the fact they will know that I am trying to leave.

I really wanna avoid the above condition, is there any short stuff or pitch that I can give to my new HR so that he/she can consider me for 15 days more extension.

I really wanna join that company, But whatever I have learnt in the present company is precious, I cant ditch them.

Please suggest me a valid argument that I can pitch to the new HR.

Someone has to say it..

Do not join the new company!

You didn't even start and they are already blackmailing you! It's completely unreasonable to insist on a shorter notice period without offer letter and giving reasons. Especially because from your comments it seems they don't care when you will start, but it must be on short notice.

You don't have an offer letter, therefore a lot of bad things can happen. They might still be considering another candidate as you haven't signed anything and therefore they might change their mind. Also after you hand in your notice but haven't signed the new offer, they might think that a little bit less salary might be better for you. Or they just wanted to damage your current employer. Or whatever ...

Again...

Do not join the new company!

Being in India (but Europe would be the same in that respect), if you have 60 days notice period, the company can force you to work for 60 days for them and not work for any other company for those 60 days. You could of course offer a shorter notice period and it might be accepted, but if it is not accepted, there is nothing you can do.

I know that. You hopefully know that. Your old company knows it, and importantly your new company does. So if the new company says you can only have the job if you agree to start in 45 days, they know you can't do that. What they ask of you is ridiculous.

Don't worry about how you manage to achieve the 45 days notice - it is impossible, so the new company essentially says they don't want you. (They may actually want you and be run by imbeciles who don't know how employment in their own country works. In that case, you don't want to work for them).

Trying to negotiate with your old company would be a massive mistake. Clearly they have nothing to gain from accepting 45 days notice, so they will refuse - because they can. Then your new offer falls through, and having told the old company you want to leave means you can forget about promotions, raises etc. for a long time.

What could work (but isn't your situation): A new company could say "Here's a legally binding contract for you to start in 60 days. However, we would love you to start earlier. So if you can get a shorter notice period, that would be great. If not, you start 60 days from now". As I said, not your situation.

Always, always always clear out your current notice period before you start interviewing with a company.

Kind of agree with what Chris says, no business is going to get lost in 15 days unless it's NASA and you have to pack yourself in an Astronaut Suit, fly into space und save the earth form a colliding asteriod in those 15 days.

Unfortunately This demand from the new company about joining within 45 days is unreasonable and stubborn.

Tell the new company clearly you can't join in 45 days, reason being on professional and moral grounds you don't wish to leave your previous employer in a mess

If your new company as an employer itself doesn'T resonate with it. They aren't a good employer anyway, you got through the interview process of one product based company, there is no reason you can't do it once more. :)

From a US standpoint, this is all very strange and this semi-collusion between companies would be in the realm of potentially illegal. It almost reads as though they buy and sell you with each others’ permission being required. Please do factor in that I do not know the legalities and customs of Indian employment.

If all parties are legitimate and truthful, then you have no moral dilemma. It is admirable that you wish to not offend / harm your current employer, but you are a cog in their machine. Your responsibility is to you. They didn’t give you a job. They hired you because you had assets they needed. Given your importance on this current project, it sounds as though they have been fortunate to have you. If you are worth 80% more than your current employer is paying you, they have been taking advantage of you for far too long. Their being a service industry in no way means they have a right to skills at a 46% discount. It only means their value and market competiveness are subpar to the other options available.

As another pointed out, there seems a huge concern if the offering company is requiring you to jeopardize your current standing in order for them to do you the favor of formally offering you the job. I’m concerned for you that they may not be all they want you to believe. I’ve seen enough questions about companies reneging on their verbal offers to be concerned about whether they are legitimate or hoping that by you jeopardizing your current position, they can provide an offer letter that is substantially worse than what they’ve told you.

It sounds like the safest thing is to underscore that you love the idea of the new company but your current company has a strict rule of 60 days and you have no control over it. As such, without a firm offer you are unable to move forward. This does mean you may lose what you hear to be a great opportunity. What it also means is if you do lose it, they may very well have been lying to you. Their tactics of waiting until you have made yourself vulnerable are concerning. Add onto that the fact that they are perfectly fine with waiting over six weeks for you but entirely against less than nine weeks sounds like they are at best in a desperate situation.

This is somewhat of a catch-22 situation and I don't think there is one great answer. I didn't notice your location – you said about your current company

if they don't release me in 45 days

which implies your area doesn't have at-will employment laws. If that is the case your only hope is to lean on the side that is more likely to give in to your situation. I don't know exactly what you should say to the new company because they could very well just skip you and hire someone else who can start in 45 days. You can only use your judgement and if neither side will budge, you're out of luck and must stay at your current job.

If that is not the case, it still will not be a perfect solution but here is what I would do:

It seems to me like the new job is amazing for you and there really shouldn't be a world in which you don't take it. That being said, you're going to have to prioritize the needs of the new job over the guilt of leaving the old job. Move forward with the new company, receive the official offer, put in 45 days of notice at your old job (or less if you want), and suffer the consequences. Enjoy your doubled salary.