Notice period buy-out
Querist :
Anonymous
(Querist) 29 September 2011
This query is : Resolved
Hi,
I am currently working for HSBC Invest Direct and have received an offer from another company, which is ready to buy-out my notice period that is of 30 days. The actual wordings of my offer say, "For confirmed employees in Levels IV, V and VII, services can be terminated, from either side, either by giving 30 days notice or paying Gross salary in lieu thereof."
However, my line manager and his boss are disagreeing to the clause and have been harassing and forcing me to serve the full one-month notice period, citing business needs.
Can they create any issues in my relieving later on?
Please help!
ajay sethi
(Expert) 29 September 2011
if under appointment letter you can by paying 30 days salary leave your employer then your employer cannot force you to serve the notice period .
if howeever you wan to maintain relations with your present employer you will serve the 1 month notice period . part with your present employer on amicable note .
Querist :
Anonymous
(Querist) 29 September 2011
Can they create any issues in my relieving later on? What is that I can do legally?
Guest
(Expert) 29 September 2011
you must give the resignation in written and take the relieving letter.
R.Ramachandran
(Expert) 29 September 2011
Dear Anonymous,
If your present employer are not ready to take gross salary from you in lieu of notice period, but wants you to serve the notice period, you will have no other alternative but to do so. (Any court case will not fetch you the result quickly).
You further ask whether they will create any issues in your relief later on. In this regard, my guess is as good as your guess. While normally your employer is not expected to create any problem in relieving you once you serve the notice period, if they create any problem, then in that event, you have to approach the court.
prabhakar singh
(Expert) 29 September 2011
When it come to issues it is hard to guess who will behave in what manner.???
Legally if you buy out the notice to which you are entitled,no issue of delay in relieving letter must come before you would be any body sound legal opinion,but if your boss ego becomes bigger than law,you will need to file a suit which may take years in terminating a judgement,a thing practicably not advisable,though no wrong done in advising.
As it correctly goes "there are many slips between cup and lips".These things are in practice much belong to rapport and less to law.
