I am seeking an early release from the company which has a 1
Akshay
(Querist) 23 August 2016
This query is : Resolved
I am seeking an early release from the company which has a 1 months notice period (I want to get relieved in 20 days and ready to buy out the remaining notice period). Reporting manager is not agreeing with it. What can I do in this situation? In the contract with employer one of the term is that they can terminate without assigning any reason by simply paying salary for due notice period on the same analogy can I pay them for the remaning my 10 days of notice period please help
Akshay
(Querist) 24 August 2016
Please revert asap
Kumar Doab
(Expert) 24 August 2016
Contract of employment should promote equitable discretion Or these can easily be termed arbitrary.
Kumar Doab
(Expert) 24 August 2016
What is this establishment; Commercial, Industrial?
What is its line of business?
You are in which state?
Since how long you are working in this establishment?
Are you under probation of confirmed?
What is your designation and nature of duties?
Your reporting office/HO/Redg. office is in which state?
Does standing orders apply to establishment/your designation? If yes are these certified?
Rajendra K Goyal
(Expert) 24 August 2016
Your terms of appointment need to be referred, whether there exist provisions regarding part purchasing of notice period.
Kumar Doab
(Expert) 24 August 2016
Notice period/pay is part of service conditions and may be governed by various enactments applicable to establishment/employer/employee.
If applicable ,in your case, these enactments shall prevail upon any private agreement drafted by employer and signed with employee e.g. appointment letter/contract of employment/terms of employment/ HR policy/service rules/employee handbook etc etc
Kumar Doab
(Expert) 24 August 2016
Reply point wise to all points.
P. Venu
(Expert) 24 August 2016
You can also buy out the Notice period and seek early relief.
Raj Kumar Makkad
(Expert) 26 August 2016
If policy allows buy out the balance period of notice so as to relieve as earliest as is allowed/desired.
Kumar Doab
(Expert) 27 August 2016
You have not replied to the points raised.
The notice period of 30 days (also) may not necessarily be applicable in your case.
If applicable you may submit to tender notice pay in lieu of notice period appealing equitable discretion.
If not applicable ( by force of applicable provisions of enactments) notice period/pay for 10days as posted by you may not be required.
The enactments if applicable, may provide for equitable discretion of notice period/pay.
Further you may consult your own able counsel specializing in Labor/service matters and build some irrefutable written record, while in employment, so as to defend your interest later and also not to err while in employment.
