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rk (software engineer)     23 December 2009

Notice Period and its purchase issue

Hi,

I have been working in an IT company for more than 35 months (almost 3 years) and have received an offer where I want to join within 1.5 months. In view of this, I have submitted by resignation (1.5 months before my next joining).

My employment contract mentions that

"After completion of 24 months, the notice period will be two months, of which the employee may purchase upto one month notice period at prevailing salary rates"

I have asked my HR for 1 month notice and purchase of another one month as stated above. But he has replied back saying that option of 'purchase' has to be mutually agreed between employer and employee, in other words, for the purchase to take place, there should be a party willing to sell and a party willing to buy.

I don't expect that my company has intentions to accept buying the notice period even though I am willing to do so. I have couple of questions.

1. I have completely read the contract and the only notice period related clause is what I have mentioned above. Is my HR's interpretation of the clause correct ?

2. If not, then what are the options that I can exercise ? I am located in Hyderabad.

Hoping for a quick response as already 2 weeks have passed since I have submitted my resignation.

Regards,
RK



Learning

 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 December 2009

If word can purchase is existing in your appointment letter then it shall work and in this situation you have got a legal right which can be enforced by prper legal procedure. Serve a laegal notice to the company.

rk (software engineer)     23 December 2009

Thanks for prompt reply, can you please tell me the legal procedure ?

Regards,

RK

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     23 December 2009

 RAJ IS RIGHT, DONOT WORRY GO AHEAD WITH GIVING NOTICE OF PURCHASE OF BALANCE HALF SALARY, DIRECTLY CREDIT TO THEIR A/C AS THEY DID IN YOUR SALARY CREDIT. DON'T WORRY ABOUT THEIR INTERPRETATION, IT IS TOTALLY ABSURD AND ARBITRARY ,ILLEGAL AND AGAINST TO PNJ

V. VASUDEVAN (LEGAL COUNSEL)     24 December 2009

 I concur with my Learned Friends Mr. Makkad and Reddy.. Additional suggestion:  You should be having some dues to be settled by the Company out of which you may ask them to adjust the purchase price of the leave and settle the remaining. The letter having been issued by them, the offer of purchase was given by the Company and you are exercising your option to accept. Hence the transaction is complete and there is no way the Company can refuse to honour their own offer, having been duly accepted.

Vasudevan


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