Am i obliged to serve the notice period?
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
Hi
I work with a Gurgaon based company. I have a 2 months notice period and my agreement with company is as follows –
Upon confirmation of your employment pursuant to clause 2) above, your Employment may be terminated by you by giving 2 Calendar month’s written notice
***** Clause 2) talks about probation period. ******
I am willing to buyout the notice period. But my current employer is not willing to accept buy-out. Moreover they warned me that according to company policy, my notice period would get extended by those many days for which I remain absent from office, irrespective of any amount of accumulated leaves; that is I would not be allowed to take any leaves at all, not even on holidays.
If I serve the entire notice period, I would incur a significant amount of monetary loss in terms of bonus and increment as I would miss the increment-cycle with my new engagement.
In a similar query, the experts advised to honour obligations under the contract and maintain relations with employer; which I think doesn’t help at all if HR and managers are arrogant and inhuman.
But according to my understanding my current employer is completely on the wrong footing. -- http://www.dnaindia.com/mumbai/report_hc-upholds-buyout-of-notice-period_1196417
What would be my best course of action? They(HR and Manager) are not responding to my e-mails in writing, all threats and warnings are given inside board-room or over phone. They are always insisting that all are written in contract and as I have signed it, I have no way out.
Raj Kumar Makkad
(Expert) 10 December 2011
No agreement against public policy can be got signed and even if it has been got signed under duress or under lust for employment, the same is not binding upon the employee so you should serve a legal notice to your employer and should demand the desired relief failing which file civil suit and simultaneously complaint with company law board. You can demand full compensation against your present and future loss due to inaction of the company.
Devajyoti Barman
(Expert) 11 December 2011
If you have no way out then you better join the new company.
The ex employer can not go beyond the terms of your employment contract.
Guest
(Expert) 11 December 2011
Buyout of the notice period would depend only if your offer cum appointment letter presceibes so.
Querist :
Anonymous
(Querist) 11 December 2011
Thank you Mr. Raj Kumar for your prompt reply. But you know serving legal notice at this point could jeopardize my future, as you know they would just sit upon on my reliving letter and do nothing. They are not replying to my mails in writing; instead HR is calling me and giving vague explanations. I am keeping a record (print out and also doing a BCC to my external yahoo-account) of my correspondence with HR/managers. Would those be valid proof that they illegally forced me to serve the notice period? I would like to file a lawsuit for financial losses and metal harassment after they relieve me.
Thank you Devajyoti, new company can’t enroll me unless old company relieves me. So I would like to avoid that option.
Thank you dear, Mr. Dhingra; there is nothing mention about “Buy-out” in my “offer cum appointment letter”, and that is where HR is insisting that I can’t buy-out the remaining notice period. Then what is the meaning of this Bombay high court verdict ? - http://www.dnaindia.com/mumbai/report_hc-upholds-buyout-of-notice-period_1196417
It clearly mentioned that “An employer cannot compel an employee, who has resigned, to serve the entire notice period when he is willing to compensate the company”.
Guest
(Expert) 11 December 2011
Since verdict in individual case cannot be made applicable on all the cases, you may better take the shelter of the case and file a case in the court of law to allow you also to buyout the notice period on the analogy of the said case, as quoted by you.
