No option to buyout in offer letter
Querist :
Anonymous
(Querist) 03 May 2018
This query is : Resolved
Hi,
I have got a new job offer and they want me to join them on immediate basis within 20days. My current company's offer letter says I am required to serve notice period of 90days. My future employer is ready to buyout the notice period, however there is no option of buyout mentioned in my current company's offer letter. What are my options now? I want to join the new company and also get the relieving letter from current employer. Please help.
T. Kalaiselvan, Advocate
(Expert) 03 May 2018
What is the condition as mentioned in the employment offer letter abut resignation ?
Is there any clause mentioning about buying the notice period?
If there is no such clause and if it is mentioned that you may have to serve the three months notice period , you can have no option than to serve the same or else they may not give you relieving letter and may even give an adverse report to the new employer on background verification besides taking legal action for absconding.
You may decide judiciously.
Kumar Doab
(Expert) 03 May 2018
While posting such queries employee should post basic information!
What is this establishment; GOvt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
Kumar Doab
(Expert) 03 May 2018
It is not mandatory to insert all of applicable enactments in appointment letter ..
Notice period/pay is part of service conditions that are governed by enactments that apply to establishment/employer/employee....
Does employer has the discretion of terminating by tendering notice pay in lieu of notice period?
Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even seasoned employee’s/trade union leaders and proceed in best of your interest..
Kumar Doab
(Expert) 03 May 2018
Pls post with your ID and not as AQ you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Guest
(Expert) 03 May 2018
Can you trust a fake expert, Mr. Kumar Doab with unreal name, whether he would be able to provide you any solution to your problem, if you provide him such an extensive personal and company's data, as desired by him?
On one hand, he has asked you to provide such an extensive personal particulars, whereas on the other he has advised you to consult some very able lawyer of unshakable repute and integrity. That clearly means, he does not have any solution for you, but he needs your particulars for some possible misuse. In other words, he also admits indirectly that he is not an able lawyer of unshakable repute and integrity.
Kumar Doab
(Expert) 03 May 2018
The querist, Members, Experts, LCI Admin,
There is NO personal and company data asked in this or any thread...
For the bland and blind post above at 6th post
IT is by
IT=@PSD
from on of IT's multiple fake ID's....
IT=@PSD =NIL,ZERO in this and all threads from Day1 as usual...
This good for nothing post also by IT=@PSD is just to advertise and show off as usual..
