sant123 19 September 2016

I do not want to serve whole;e notice period

Hi All,

I am working for a small Pvt.ltd.company in hyderabad, i joined this organisation in the month of March, i have resigned in the month of september, and my resignation is accepted by the company,however, i my Appointment letter states as following "IF YOU WISH TO TERMINATE YOUR EMPLOYEMENT WITH THE COMPANUY YOU WILL BE REQUIRED TO SERVE 3 MONTHS NOTICE TO THE COMPANY OR SUBJECT TO COMPANY'S DISCRETION, IN LIEU OF THE NOTICE PERIOD COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY" i would like to know answers to my below questions.

1) Am i entitled for buy out option ?

2) Can the company reject my buy out option even if i am ready to pay the compensation as stated in my appointment letter ?

3) I do not understand this discretion concept, for all discrition the company might raise , when i am compensating them with money for breaking the contract, which in my case is 3 months of notice period, can a company still say it is its discretion ?

4) I do not want to serve whole of 90 days , i have already in my resignation mail informed them that i shall serve a 1 months notice period, and to the same the HR responded stating that as per 3 months notice period stated in your appointment letter your last working day would be 7 dec. Can i now write a mail to them saying as per the PILON clause in the appointment letter, i am willing to buy out the rest of my notice period ? can they say its the company's discrition ? if they do not agreee for a buy out what should i do ? also if they dint want an employee to buy out the notice period why have they mentioned this clause in the appointment letter. I request the experts to please suggest and guide me in the right direction. Thanks.

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5 Replies

Kumar Doab (FIN) 19 September 2016

Such queries have been discussed and illustrated in many threads that you can search in option on bottom of right hand side of this web page.

If the establishment is covered by the def. of 'AP Shops & Estbs Act and you are covered by the def. of 'Employee' in the Act then it shall prevail upon T&C in appointment letter.

Go thru the Act.

You may also go thru:

https://www.lawyersclubindia.com/experts/Experience-and-relieving-letter-614726.asp

https://www.lawyersclubindia.com/experts/Negative-Verification-615096.asp

You should be clear.

Rocky A.B. (Employee) 07 November 2016

Please let me know how to get reliveng letter for resiganation dated as i have given spot resgnation by making payment for 8 days notice period. is it my rights?
My employer denied to provide resganation dated reliveing letter.
He is ready to provide letter but after resignation dated
it's important document require at new company.

Your quick reply will be appreciated!!

Kumar Doab (FIN) 08 November 2016

@ Rocky AB,

Has your resignation been accepted, in writing?

Rocky A.B. (Employee) 08 November 2016

No,

when i ask him for accepatance ,he never reply whether it is accepted or rejected.

Just he had sign for Received on same date.

1) now he is ready to give me Relieving Letter but for current date.

but My current employer (new employment from 1st nov-2016) require relieving letter dated 26th oct-2016 not current dated as i had joined on 1stnd nov-2016.(to avoid double employment)

2)Previous employer providing only Relieving letter not experiance letter.

he said our company provide only relieving letter instead of experiance letter..

is right to accept it?

So, please let me know solution for both situations.

Kumar Doab (FIN) 09 November 2016

The employee has severed the employer-employee relationship the moment employee has resigned.

You have tendered notice pay in lieu of notice period as well.

Demand acknwoledgment and acceptance of resignation from the date of resignation, acknwoledgment and acceptance of notice pay in lieu of notice period ( as per clause number..............of appointment letter dated................issued to you), salary slips of all months, Correct FnF statement showing computation all pyables e.g; earned wages/bonus/leave encashment etc and notice pay), Fortm16 as per correct FnF statement, service certificate as per DOJ in appointment letter and LWD as per resignation, relieving letter, NOC/NDC,PF number and a/c slips with correct DOJ/LWD, ESIC card, etc etc .............

Avoid ang gap between LWD in last establishment and DOJ in next establsihment.

You can approach; Employee's/trade unions

a very able counsel specializing in labor/service matters

and your counsel may opine to approach;

Inspector appointed under Shops & Estbs Act

O/o Labor Commissioner

Civil courts