Notice period 90 days - working from Canada

[KDelhi88]

Hi All,

Currently I am working for an Indian company from Canada ( I am a PR) but looking for a change. Most of the employers here are asking for joining within a 3 week stipulated time period. How do I manage the 90 day notice period. What are the options I have? Could you please confirm?

 

[navinball]

Just leave your old job. They are not going to hunt for you in Canada and Canadian employers don't ask for relieving letters.

 

[KDelhi88]

Assuming that it is big MNC and I have it on my resume already - what is the risk that I leave my old job without notice? Won't Canadian companies do a Background check?

 

[navinball]

Assuming that it is big MNC and I have it on my resume already - what is the risk that I leave my old job without notice? Won't Canadian companies do a Background check?

Canadian employment is at will. They don't care about notice periods.

 

[canadian-gentleman]

In your position I would respect the 90 day notice period because this demonstrates your reliability to your new employer. If you are willing to break an agreement with your old employer then your new employer must assume that you will not respect an agreement with them, either.

I would mention the 90 days in your first interview with a new employer (but not in the initial application). If they can wait three months for you, fine. If they can't wait perhaps another arrangement can be made between new and old employer: e.g. starting with new employer part time while being available to old employer to train a replacement.

Another reason to be up front about your long notice period is that is makes you appear more valuable. Evidently, your skills are hard to replace!

 

[KDelhi88]

In your position I would respect the 90 day notice period because this demonstrates your reliability to your new employer. If you are willing to break an agreement with your old employer then your new employer must assume that you will not respect an agreement with them, either.

I would mention the 90 days in your first interview with a new employer (but not in the initial application). If they can wait three months for you, fine. If they can't wait perhaps another arrangement can be made between new and old employer: e.g. starting with new employer part time while being available to old employer to train a replacement.

Another reason to be up front about your long notice period is that is makes you appear more valuable. Evidently, your skills are hard to replace!

I agree with this approach - the only difference is that the new employer is not willing for this - they themselves mentioned that they don't need a relieving letter but working for 2 employers is not legal. I am planning to serve notice period of 4 weeks anyhow to do the transition and then sign off - considering my project is already over the old company should ideally not force me to serve 3 months notice but since it is a Contractual obligation they might just want to me to stay for 3 months without work - that's how most stupid HRs and managers are here in India.

Let's say If I just login for 1 or 2 hours and then sign off for old company (I am on India payroll - technically not employed in Canada) while working for the new one(in Canada) - is it a legal approach? That way I will be in a better position for not getting blacklisted by old company and will get relieving letter as well.

 

[YVR123]

I agree with this approach - the only difference is that the new employer is not willing for this - they themselves mentioned that they don't need a relieving letter but working for 2 employers is not legal. I am planning to serve notice period of 4 weeks anyhow to do the transition and then sign off - considering my project is already over the old company should ideally not force me to serve 3 months notice but since it is a Contractual obligation they might just want to me to stay for 3 months without work - that's how most stupid HRs and managers are here in India.

Let's say If I just login for 1 or 2 hours and then sign off for old company (I am on India payroll - technically not employed in Canada) while working for the new one(in Canada) - is it a legal approach? That way I will be in a better position for not getting blacklisted by old company and will get relieving letter as well.

You can also negotiate with your current employer to shorten the notice period. I think if they are done with the current project, this is to their advantage to end it sooner than later.

 

[canadian-gentleman]

Avoid burning bridges if at all possible. I would be less concerned about the legal implications (because it would be expensive for your old employer to pursue you in civil court) and more concerned about needing your old employer's support (e.g. Reference letter) after you quit.

Try to bring both your new and old employer to the negotiating table, like YVR123 suggested. What can you offer your old employer to make your leaving easier? Perhaps you know someone who could fill your old position.

Try to understand why your new employer needs you so soon. Perhaps they need you to take part in a certain event at a set date, but you could later finish up at your old employer before starting the new job full time.

If all three of you are communicating in good faith then I am sure an arrangement can be made. Good luck!

 

[canadian-gentleman]

let's say If I just login for 1 or 2 hours and then sign off for old company (I am on India payroll - technically not employed in Canada) while working for the new one(in Canada) - is it a legal approach?

Quick follow-up because you asked about the legality of signing off early. I don't know about Canada or India, but in my European home country an employee could be liable for damages if the employee doesn't fulfill their contractual obligations.

E.g. If the company cannot deliver a project on time because the employee went to work for another employer then the company could sue their employee for lost revenue.