Buyingout of Notice period
Naresh watwani
(Querist) 19 July 2010
This query is : Resolved
Hello
I have resigned in my current company and my notice period is 60 days, out of this 60 days I have 13 Paid leaves in balance.
I resigned on 02/07/2010 and as per the company my notice period ends on 30/08/2010.
Joinig date given by my new company is 18/08/2010, this means i want my current employer to waive 13 days from my notice period, HR says they have no issues if operations(my team) releases me and operations is saying that they cannot release me a single day before though last 13 days is my paid and i dont have to come to office.
Please advise how should i negogiate to get released.
Raj Kumar Makkad
(Expert) 19 July 2010
If there is any term in your appointment letter to buy the notice period then take its benefit otherwise you shall have to negotiate your present or future employer and shall have to create your own path as legally you are bound by the terms and conditions of your agreement of service and courts generally do not provide any relief against such agreement unless it is highly contrary to natural justice and unconstitutional.
Jatin Adhav
(Expert) 19 July 2010
Mr.Raj Kumar has rightly given you the answer, work for a 1.5months and negotiate your balance 13 days, or write a letter stating that i wish my 13 days leave pay be adjusted as my notice period which i am not able to serve for 13 days.
B K Raghavendra Rao
(Expert) 19 July 2010
Once you resign, you have no right to avail leave. You need to work on every working day to complete the notice period even if you have leave at your credit. The leave that could be encashed would be paid for at the time of relieving. But applying for leave is not allowed. You have to explain your difficulties to your team leader and get relieved at his sympathy.
