Company says buyout not applicable
Amlan
(Querist) 05 March 2017
This query is : Resolved
I am working at TCS, Hyderabad.
I put down my papers. Due to personal reasons I am not willing to continue my service with TCS.
I used to work in a 24X7 support project. The project didn't have any sort of dependency on me to run smoothly. So I was released by my Team Lead, as well Immediate supervisor. There exists no shift plan for me to further work in the same project, and the project has also got a replacement of mine who has already started working.
But my delivery manager is not willing to release me. He is actually the authorized one to take my case for approval from the IOU head, TCS for early release via buyout, this is what told to me by my HR.
Now when I am requesting him for the same, he is refusing to provide any approval stating he is unauthorized to do so. And thus insisting me to serve the entire notice period of 90days.
When I offered the buyout of the shortfall of my notice period he is not accepting.
Please suggest what should I do.
Kindly HELP!
Kumar Doab
(Expert) 05 March 2017
NO attachment found.
Provision of attachment is in Forum Section and not in Experts section.
Kumar Doab
(Expert) 05 March 2017
What is issued to you: Offer letter or Appointment letter or Both?
What is your designation and nature of Duties?
You have been working for how many months?
You are in which state?
You may post the extract from Appointment letter and any other document that you fell is relevant to the issue.
Kumar Doab
(Expert) 05 March 2017
You have tendered Notice of resignation and mentioned notice period/LWD in it to resignation with immediate effect.?
Do you have the acknowledgment/evidence of: notice/resignation, its acceptance, being released by Team Lead, as well Immediate supervisor?
Do you also have record to show: NO role/dependency for you in the said project.
Rajendra K Goyal
(Expert) 05 March 2017
Once you have agree on the terms, these are binding on both employee as well employer.
Try to have internal solution.
What is the Bond amount in case you leave earlier.
Amlan
(Querist) 05 March 2017
In my offer letter it states as follows :
"
10. Notice Period:
During your employment with XYZL, including probation / training, either you or XYZL
can terminate the appointment by giving 90 calendar days written notice or 3 month’s
basic salary in lieu of the notice.
If you are covered under Deputation Agreement / International Assignment Agreement,
either you or XYZL can terminate the appointment by giving 90 calendar days written
notice as set out in the Separation Policy of XYZL.
XYZL reserves the right, if it is in the interest of the business and current assignment, to
ask you to complete your notice period or decide whether your existing earned vacation
or basic salary in lieu of notice period may be adjusted against the entire or partial
notice period.
"
In XYZ Code Of Conduct it states as follows :
"
Human rights
9. We do not use forced labour in any form.
"
XYZ Separation Policy states as follows:
"
1. Notice Period
c. In case the employee requests to be relieved without serving the complete notice period, he or she is liable to pay the liquidated damage towards the shortfall in the notice period which is calculated based on the last drawn /maintained basic pat component of the home location salary of the employee. The company reserves the right, if it is in interest of the business and current assignment, to ask an associate to complete the notice period or adjust the earned vacation or basic salary in lieu of entire or partial notice period.
"
Guest
(Expert) 05 March 2017
Agreed with Madam RK Goyal
Amlan
(Querist) 05 March 2017
There is no bond amount set.
I am not serving in any active assignment. I am currently unutilized.
Also, I am agreeing to pay for the shortfall of the notice period as well as any justified business damage.
Amlan
(Querist) 05 March 2017
I have requested to relieve me from XYZ at any cost.
Since I am ready to pay for anything they ask, provided they have a justification for the requested amount.
Guest
(Expert) 05 March 2017
You can't do anything legally to compel the company to acced to your request. However, you may better persuade the management to agree to the buying out of the period short of resignation notice, as the your condition of service provided discretion to the company, as reproduced by yourself that, "if it is in interest of the business and current assignment, to ask an associate to complete the notice period or adjust the earned vacation or basic salary in lieu of entire or partial notice period."
You may better get the management prepared through your humble submissions to accept your request.
Amlan
(Querist) 05 March 2017
Dhingra Sir, But currently I am not associated with any project/assignment. And there has been no communication on the same since the last 1 week.
My delivery manager is mentally harrasing me.
Also as already mentioned above, I am ready to pay the penalty for not adhering to the policies. If the company finds any sort of business loss because of me leaving their organization. Then they could provide proper justification on the loss and the amount as well. And which I am willing to pay as well.
As per the constitution of India, none could forcefully ask someone to work for them. This is what I read somewhere. So please suggest, how could I go ahead and bring it to closure.
Guest
(Expert) 05 March 2017
Mr. Amlan,
Now, from your statement, "As per the constitution of India, none could forcefully ask someone to work for them," it reveals as if you don't have any personal problem needing any practical solution, but are desirous of solving some of your academic query with reference to the provisions of the Constitution of India.
So, even if there is slightest truth in your story about problem, you may better hire services of some constitutional lawyer to file a case against your company to get the judgment of the constitutional bench as per your perception about the so called provision of the Constitution of India.
Best of luck!
Amlan
(Querist) 05 March 2017
Hi Dhingra Sir,
Thank you for your response.
I read on this blog : http://csrajanadvocate.blogspot.in/2013/10/bond-is-illegal.html?m=1
That no one can compel any party for service without his/her willingness.
Can you highlight on this.
If a company is doing business in India, then they should be strictly adhering to the laws by the Constitution Of India as well as fundamental rights of every Indian citizen.
So even if my fundamental rights states none can forcefully ask me to do anything. Then can't I fight using this clause?
My delivery manager is mentally harassing me, and unwilling to relieve me even after multiple requests.
I requested him, then almost begged him to release me, and also I am currently not active in any assignment.
Sir, please suggest how could I settle this issue, with payment or legal action(using clauses my constitution of India or Fundamental Rights of an Indian Citizen) or Indian Labour Laws.
Guest
(Expert) 05 March 2017
Mr. Amlan,
Theory and practice are two different things that too when tried to be read between the lines.
I have already suggested you to hire some constitutional lawyer, who may help you to work according to your perception. Any practical solution can't suit in a theoretical problem.
Kumar Doab
(Expert) 06 March 2017
You may post your reply to the points, pointwise.
It is noted that you are in AP.
Is it posted in any of the document that your offer of resignation is to be approved by the manager ( any Manager)?
Are you a member of any of the IT/ITeS employee's unions?
Amlan
(Querist) 06 March 2017
Hi Kumar,
The resignation is submitted to the HR of the unit I work for.
I tried my best to convince my delivery manager.
Here the case is as follows:
1) I put down my resignation to the company.
2) My lead and manager decided to support me and they released me from the project(current assignment).
3) My delivery manager came to the picture, and he is asking em to join an internal project.
4) As per the policies of the organization
"
10. Notice Period:
During your employment with XYZL, including probation / training, either you or XYZL
can terminate the appointment by giving 90 calendar days written notice or 3 month’s
basic salary in lieu of the notice.
If you are covered under Deputation Agreement / International Assignment Agreement,
either you or XYZL can terminate the appointment by giving 90 calendar days written
notice as set out in the Separation Policy of XYZL.
XYZL reserves the right, if it is in the interest of the business and current assignment, to
ask you to complete your notice period or decide whether your existing earned vacation
or basic salary in lieu of notice period may be adjusted against the entire or partial
notice period.
"
It clearly states like if there is some sort of dependency of the organization on the employee in it's business operation and current project then the company deserves the right to ask the employee to serve the complete notice period.
But in my case there is no such dependency now as I have been released.
Right now I don't know how to fight with them using this?
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
I have asked you to reply to some points, pointwise, starting from my 1st post.
You should reply to all.
This information is required to respond to you.
You may also post how many persons report to you?
Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise yor reportees?
Can anyone change your recommendations?
You may confirm if standing orders (Model/ certified) apply to your establishment/your designation or the establishment has been exempted from standing orders?
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
The notice period of 90 days may not be necessarily applicable in your case.
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
I have posted extensively in such matters.
You can even Search the years Old Thread in 'Search' option and you may find even your colleagues whose queries have been resolved in old threads.
Guest
(Expert) 06 March 2017
Best of luck, if you can practically buy out notice period with the advice of Mr. Doab, an imposter without real identity!
Wish your problem is not complicated or you are not confused with his advice.
Just a few hours ago, a querist asked about probate of will outside the Metropolitan towns, but he advised for inside Presidential towns in the following thread:
http://www.lawyersclubindia.com/experts/Is-the-PROBATE-essential-to-give-effect-to-a-Registered-W-633966.asp
When exposed extensively, he got deleted by admn various posts consisting of my observations that proved him as merely an imposter and ignorant about law.
And now he has agains started abusive posts against me on that thread.
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
The notice period of 90 days may not be necessarily applicable in your case.
You have already posted that you are willing to tender notice pay and even loss caused if any, and established to you.
It is third thread today in which this person @ PSD is attacking and littering nuisance.
Rest devote some time and search in 'Search' option and you may find your colleagues that have resolved the matter in many threads.
Kumar Doab
(Expert) 06 March 2017
@ PSD,
In this thread also you have made 'NO Contribution'.
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
@PSD has pointed the following thread in his last post.
http://www.lawyersclubindia.com/experts/Is-the-PROBATE-essential-to-give-effect-to-a-Registered-W-633966.asp
Guest
(Expert) 06 March 2017
Mr. Doab, alias two rivers of Punjab,
What a fun that you have referred the same thread after getting my posts that exposed you extensively as an imposter?
By the way, why you are keeping a fake identity and WHY AND FROM WHOM YOU ARE AFRAID THAT YOU ARE NOT POSTING YOUR REAL NAME, PHOTO AND LOCATION IN YOUR PROFILE AT THE LCI?
Guest
(Expert) 06 March 2017
Mr. Amlan,
Now you will see, he will start his abusive session against me as I have exposed him as an imposter.
Further, if you request him even 100 times to appear with his real identity with photo, he would never oblige you, as he has openly refused to do so in several threads. FOR TEST SAKE, YOU MAY BETTER TRY TO ASK HIM TO APPEAR WITH HIS REAL IDENTITY.
Amlan
(Querist) 06 March 2017
Hello Sir Dhingra/Kumar
Could you please stop this and help me in my case.
That would be much appreciated.
Kumar Doab
(Expert) 06 March 2017
@PSD,
You have been abusing and querist/authors/members/fellow experts/admin of LCI for years.
You have filling the threads to the brim with your unwarranted, uninvited, meaningless, illogical posts.
IN this thread also you have been trying your level best to provoke and instigate.
You have miserably failed.
Leave the query and thread to us and we will exert to resolve it.
Rest author can approach his own elders in the family, competent and experienced well wishers, employee's unions, IT/ITeS unions, Trade unions,a very able counsel at his own location specializing in Labor/service matters and take a qualified decision to defend his interest.
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
Right from beginning I am trying to help you.
I have asked you to reply to some points, pointwise, starting from my 1st post.
You should reply to all.
This information is required to respond to you.
Guest
(Expert) 06 March 2017
Mr. Doab,
If I am abusing one and all, why don't you sue me in the court of law, as I have already challenged you, whereas only you have been abusing me profusely. Why don't you give me your real identity (name, photo and address) to let me send you a legal notice to facilitate for you a case against me?
Guest
(Expert) 06 March 2017
Mr. Amlan,
I have already suggested you a way out to get the things done practically, if you really have such a problem and is not seeking answer to your academic exercise, but you seem to be bent upon suing the employer. For that also, I have suggested you to file a case in the Constitutional Bench through some Constitutional lawyer, as believe that the employer has violated the provisions of the Constitution of India.
Anyway, if the advice of Mr. Kumar Doab suits you in any way, you may try your luck accordingly.
Kumar Doab
(Expert) 06 March 2017
Dear LCI Author @ Mr. Amlan,
I shall respond once you post pointwise reply to all points.
Kumar Doab
(Expert) 06 March 2017
Shri Kumar Doab do not agree to any word in the last post of person @ PSD................also.
@PSD is arrogant.
@ PSD has been abusing querist/authors/members/fellow experts/admin of LCI/forum of lCI for years.
Shri KUmar Doab has been gentle and respectful to authors/querists/fellow experts/members all these years.
Shri Kumar Doab has also avoided, ignored @PSD in endless number of threads however it only emboldens @PSD to abuse and attack further.
Shri Kumar Doab extended his threshold limits of tolerance.
Arrogance and habit to abuse of @PSD knows NO bounds.
Out of good nature I have posted for @PSD in other threads also, a few days back.
Have eternal peace and sleep.
Guest
(Expert) 07 March 2017
Mr. Amlan,
No doubt, Mr. Doab, a learner himself and an imposter readily accepts academic queries to further confuse the querists with his long & time wasting misleading posts.
For example, he has asked you what is your designation, in which state, you are working for how many months, etc. It is a matter of commonsense for even an ordinary person, how the issue of resignation with reference to the terms of appointment has any concern with your working for so many months or designation or state in which working, etc.?
You may, if liked, continue replying his vague questions, as even from your clear description he has not yet been able to understand, what actually is the problem.
So, he will hold a long session of questions and answers, provided you don't get tired of his long time wasting investigative session and misleading posts and links to go through, which will be good for nothing for you, rather would confuse you more and more, instead of providing any solution to your problem.
ULTIMATELY, after wasting a lot of your time, he would advise you to consult some very capable lawyer.
JUST SEE, HOW HE IS AFRAID OF ME THAT HE HAS PRAYED EVEN FOR MY DEATH, AS REVEALED FROM HIS LAST STATEMENT, RATHER LAST WISH, "Have ETERNAL peace and sleep," AS HE GETS EXPOSED OF HIS ILL INTENTIONS AND DECEPTIVE ACTIVITIES BY KEEPING HIMSELF HIDING BEHIND HIS FAKE IDENTITY.
Amlan
(Querist) 08 March 2017
Hi Mr. Kumar Doab,
Answers to all your queries are as follows:
1. What is issued to you: Offer letter or Appointment letter or Both?
I have been serving the organization since the last 6months. And both Offer letter as well as appointment letter have been issued to me.
2. What is your designation and nature of Duties?
My current designation is systems engineer, and nature of duties are like performing security analysis of networks/systems/appliances.
3. You have been working for how many months?
6months. I started working in this organization since 17th August, 2016
4. You are in which state?
Telengana(Hyderabad)
5. You may post the extract from Appointment letter and any other document that you fell is relevant to the issue.
Appointment Letter:
"
Dear #employeeName,
This is in reference to our Offer of Employment in XYZ Serives Limited via XYZL/EPxxxxxxxxxxxx/Hyderabad/xxxxxx dated 22-Jun-2016 and your completing joining formalities as per XYZLs policy.
On the terms and conditions detailed in our Offer of Employment accepted by you, we are happy to appoint you as Systems Engineer in Grade C1 with effective from 17-AUG-2016.
Your associate number is xxxxxxx.
"
6. You have tendered Notice of resignation and mentioned notice period/LWD in it to resignation with immediate effect.?
I have dropped a mail request for resignation to the HR body at my organization, and a separate mail requesting for the buyout of the short fall in my notice period.
7. Do you have the acknowledgment/evidence of: notice/resignation, its acceptance, being released by Team Lead, as well Immediate supervisor?
Yes. I do have.
8. Do you also have record to show: NO role/dependency for you in the said project.
As the policy of the company states it clearly
"
ABCD-XYZ reserves the right, if it is in the interest of the business and current assignment, to
ask you to complete your notice period or decide whether your existing earned vacation
or basic salary in lieu of notice period may be adjusted against the entire or partial
notice period.
"
Right now I am allocated to a project, and the allocation is expiring on 17th March.
I requested the HR to explain me what is meant by current assignment here. And they are not clearly explaining me that. Only asking me to report to my Delivery Head, who is a headstrong guy and not willing to release me inspite multiple requests. So I shall be serving him possibly being on bench code(no proper business utilization).
9. Is it posted in any of the document that your offer of resignation is to be approved by the manager ( any Manager)?
No. Please see reply to No. 8
10. You may also post how many persons report to you?
None report to me. I work at a mid-senior level, with no current project dependency that's why my lead, immediate supervisor released me from the project.
11. Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise yor reportees?
NA
12. Can anyone change your recommendations?
NA
13. You may confirm if standing orders (Model/ certified) apply to your establishment/your designation or the establishment has been exempted from standing orders?
No
Amlan
(Querist) 10 March 2017
Mr. Kumar Doab,
Could you now help me? I have provided all the information you asked for.
Guest
(Expert) 10 March 2017
Mr. Amlan,
For the last two days, Mr. Doab has not come forward to provide you any practical solution in spite of your exhaustive information against his questions.
Apparently, Mr. Doab, as an imposter and fake expert, seems to be in a fix, in what way he should manipulate his posts (not advice) as he would have made but for his readily exposed manipulative strategy through my earlier alert to you.
Evidently, just to create a false impression on the querists and to pose as an expert, he usually gives a long list of vague questions, which often have no relation with the problem even remotely.
Anyway, God knows, how he would like to link your information with your resignation problem!
