Employer is not allowing to buying notice period
Querist :
Anonymous
(Querist) 25 February 2011
This query is : Resolved
I joined a company at 9th Sep 2010 and resigned on 22th Feb 2011.
In my employment contract it is given that
“Either party for any reason whatsoever upon either party giving to other party written notice of period specified in Item 8 of schedule hereto and this Agreement and the employee’s employment shall terminate upon the expiration of the aforesaid period. The Employer may, in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the Employee to not attend work or vary the Employee’s duties during any period of notice of termination given by the Employer. However, during this period the Employee will be entitled to receive the Employee’s normal salary and benefits of employment”
ITEM 8 : Notice Period – 2 MONTHS
I want to leave organization on 21th March. What can I do? They are not allowing me buy this notice period. What legal action I can take on this?
Basavaraj
(Expert) 25 February 2011
pleas complete your notice period and leave the company, if your employer is not ready to do anything, you can write am a mail from your own eamail to your reporting officer and mark a copy of MD and keep it with your it will help u.
Why would wish to make litigation pls resign and go and join other Company
Querist :
Anonymous
(Querist) 25 February 2011
Thank You Sir for your reply. But I have some extremely important personal reason for not serving full notice period. Please guide me to come out of this 2 months notice period
Kirti Kar Tripathi
(Expert) 25 February 2011
i agree with Mr. Basavaraj views. It is better not to indulge in any litigation and complete notice period. However, you can offer for payment in lieu of remaining period
Querist :
Anonymous
(Querist) 27 February 2011
Please try to get that my personal circumstances are not allowing for serving the notice period so this is out of question.
Question here is that “I offered them that I am ready for the payment in lieu of remaining period”
But they are not allowing me to do that . What should I do ?
I had a discussion with HR and following had been told to me
1.You have to serve complete notice period
2.Our company has no policy to buy the notice period
3.If you do so your exit will not be normal exit and company will not give you reliving letter
4.My profile will be considered as absconder
Thank You,
Rajshri
Guest
(Expert) 27 February 2011
Dear Rajshri,
Yours seems to be a very shrewdly drafted employment contract to make one sided agreement with the employees keeping the absolute discretion with the employer for salary for the part of notice period.
However, if you want to join another company on 21st of March, better make request for extension of he joining date to the new company.
If you don't have any objection to reveal the terms of your employment contract, better attach a scanned copy here in reply, or you can send hat at my mail ID to examine that properly for a proper solution.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Kirti Kar Tripathi
(Expert) 28 February 2011
When your employer does not issue reliving letter, you can not do anything nor you can compel him to issue, he can refuse to issue even after accepting your resignation. in that event, you have only remedy to seek legal recourse. But once you have made offer, the compliance from your side completed. your employer can only force to to pay the amount for remaining period, he can not force you to work. for claiming amount, he has to file civil suit. since you have already offered the amount, thus his claim will fail.
