Buy Notice Period
Querist :
Anonymous
(Querist) 19 April 2010
This query is : Resolved
Hi,
As per my offer letter, there is two months of notice period to be served after resigning. I have generally seen there is an option to "buy out" notice period. BUT however, in my offer letter it is not mentioned there.
It is just written in case of separation from the company two months of notice period has to be served. Pls see Point No. 12 in the attached file.
I am ready to serve one month notice period and pay my company in lieu of next one month. But the company is not ready for this also.
Is there any possible way I can pay my company and get relieved after serving one month notice period.
I have heard that under "Labour and Service Law", the Hon'ble Supreme Court of India has cited that an employee can be relieved if he/she is willing to pay for the notice period. Can anyone please give any link or state under which sections this has been stated.
Thanks in advance.
Best Regards.
Raj Kumar Makkad
(Expert) 19 April 2010
Notice period rule is equal for both employer and employee. Even if it is not mentioned in the appointment to buy the notice period, it can still be done by employee similar to the rule the employer can relieve the employee at once by offering him salary equal to notice period.
It is general and natural law and no citation is required for this purpose.
Querist :
Anonymous
(Querist) 19 April 2010
Dear Raj Sir,
It will be of great help if you could be quote me under which section this law is covered ?
Waiting for your reply.
Thanks a ton for you time.
Regards.
