Notice period buyout
Srinivas
(Querist) 29 August 2011
This query is : Resolved
Dear Sir,
I work in a software IT company in Bangalore, India. According to my employment letter, The termination clause says "This contract of employment is terminable without reasons by either parties giving 3 months. Company reserves the right to pay or recover salary in lieu of notice period."
Now I have resigned and informed the HR that I am ready to serve one month and will compensate the 2 months notice period. Many of the employees are relieved in this case. But for me, my manager is not relieving and with him now HR is saying "you can buyout notice period only if I am ready to sell it"
But there is no mention of such things in contract except the above written clause.
1. Can I take legal action against my company?
2. How much time will it take to give judgement as I need to join my company as early as possible?
R.Ramachandran
(Expert) 29 August 2011
According to the agreement between you two, the Company has the right either to insist on serving during notice period, or to recover the salary from you in lieu of the notice period. If the Company has chosen to insist on serving the notice period by you, and not ready to take money in lieu of notice period, you cannot do much about it.
R.Ramachandran
(Expert) 29 August 2011
Thus, whenever you want to switch jobs you have to always keep in mind the notice period with your previous company, and then accordingly tell the new company that you will take a minimum of .. so much time after the receipt of appointment letter, to join the new job. Anything short of this understanding will land people in problem.
ajay sethi
(Expert) 29 August 2011
the appointment letter is clear . it is at the discretion of the company whether it wants you to serve the notice period or recover salary from you .
since the companyw ants you to serve the notice period to avoid legal complications agree to serve the notice period
Raj Kumar Makkad
(Expert) 29 August 2011
I have similar opinion as of both experts. Law is nothing but a common sense so it should be applied accordingly.
Dr Anil Kumar Singh
(Expert) 29 August 2011
A agree with the experts. You have to serve for the notice period.
Srinivas
(Querist) 29 August 2011
Please refer this link
http://www.dnaindia.com/mumbai/report_hc-upholds-buyout-of-notice-period_1196417
K.S.Srinivas
(Expert) 01 September 2011
I agree with the experts.
Advocate. Arunagiri
(Expert) 01 September 2011
No need for a civil case for this dispute.
Send a resignation letter by RPAD, indicating your willingness to buy the notice period. The company's intention to sell is not required.
Guest
(Expert) 04 September 2011
Dear Srinivas,
As per the text of the contract provided by you, it is clear that the company has not left any room for you to opt for the buy out of the notice period. You may therefore need to recheck the provisions of your offer cum appointment letter, if there is any such provision for you to pay the salary in liu of the notice period. otherwise, you may have to act upon the advice of the HR, or get your manager convinced about your urgency to be relieved.
