Regarding availability of "buy-out" option.
Akash K
(Querist) 12 February 2014
This query is : Resolved
Hi,
I am an engineer working at a private IT firm "Paladion networks P Ltd" located at Navi Mumbai,
My query is that I resigned last month from my current company because I got opportunity to work at my desired location in another company.
When I joined my current company (Paladion) in 2011 the notice period to be served was 1 month, But after the revision of HR policy last year it changed to 3 months.
Hence I need to serve for the 3 month but that is not possible so I asked my manager and HR for the buy-out option (I am ready to compensate my 2 months salary if they are releasing me).
But to my surprise they told me that they don't have "Buy-out" policy at all in HR policy.
But I have seen people getting the same facility in past.
My questions are:
1. Is it possible that an employee has to forcefully serve 3 months ie can any any company enforce one sided rule like my HR team saying they don't have policy at all ?
2. And if policy is not there how they are given the same facility to other people in past ?
Please help me out ASAP because I am clueless and I am just watching my career getting ruined.
ajay sethi
(Expert) 12 February 2014
it is at the discretion of the management . if you have agreed to serve 3 months notice period then the management may insist that you do so .
if said benefit has been given in the past you can make representation giving instances about such benefits given to other employees and request that you should not be discriminated against
Rajendra K Goyal
(Expert) 12 February 2014
Better have amicable solution through diplomatic approach.
Deciding Bye-out is discretion of the management and one can not claim it as a right till there exist clear guidelines regarding this. Even any decision takes its own time.
Guest
(Expert) 12 February 2014
A rational opinion can be formed on examination of the original terms & conditions of your appointment, the present resignation policy, and whether the new policy was duly circulated amongst the employees, including you, and acknowledged or not, etc., by you.
So, based on the partial information provided by you, my views on your queries are as below:
1) You are not a bonded labour, so cannot be compelled to serve the company against your wishes.
2) Past is gone, cannot be binding on the company against the new policy, unless the policy, itself, is proved to be void or illegal.
Akash K
(Querist) 12 February 2014
Hi Dhingra sir,
Thanks for your reply.
I want to clear that "Revised policies" were updated on portal and communicated through mail to all employess. And I think they did it under the section "Policies are subject to change" which I was agreed upon as I signed the offer letter at the time of joining.
But the problem is they are treating people like bonded labours as there is no way out they are forcing 90 days notice period by just saying "For the interest of company".
For several days I am sitting ideal and not involved any delivery still they doesn't release me just to create example, because if they will release me by giving buy-out option all other people will ask for same.
Akash K
(Querist) 12 February 2014
By mistake changes to resolved.
Devajyoti Barman
(Expert) 12 February 2014
Since HR policy was revised after you join the company, the same is not binding upon you.
If you do not need the release letter form your erstwhile company, you can quit it and join the new company.
Kumar Doab
(Expert) 12 February 2014
>>> Mr. P.S. Dhingra is absolutely right. You should show job advertisement, job application, interview call letter, offer letter, standing orders applicable to the establishment (Certified/Model), appointment letter, HR policy at the time of joining, Revised policy, email communicating revised policy, service rules, exit policy, and your KRA’s, and detail of nature of duties etc……………….resignation to your labor consultant/service lawyer.
The lawyer that has analyzed the documents and inputs may opine that the employee is covered as ‘Workman’ as in ID Act, “Employee’ as in Shops and Commercial Establishments Act.
The employee shall be properly informed after consulting his lawyer and can take a well informed and qualified decision.
Let your lawyer now structure and draft all of your representations.
>>> The experts have rightly advised that such matters are best resolved by applying goodwill, rapport and exceptional levels of persuasion, persistence, reasoning, negotiation skills.
These skills can be acquired and employee must have these.
>>> Is your establishment registered with Nasscom.”
Have you registered your profile with NSR?
Are you worried that your company may post adverse comments in your profile?
You may go thru:
https://nationalskillsregistry.com/faq-for-companies.htm
COMPANIES / FAQS
And
http://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/
It should alleviate your apprehensions.
>>> The IT/ITeS companies in Maharashtra are covered by Bombay Shops and Commercial Establishments act that is so employee friendly. If the company employs 50 employees the Industrial Employment Standing Orders Act should be applicable and accordingly standing orders should be applicable (Certified/Model).
Certified standing orders is instrument of law and no private agreement that employer has signed with employee e.g. appointment letter/contract of employment………………………………service agreement etc can supersede instrument of law.
If standing orders are not certified Model Standing Orders shall apply. Model Standing Orders is statue and have statutory force. It shall supersede and prevail upon any private agreement that employer has signed with employee e.g. appointment letter/contract of employment………………………………service agreement etc
Employer is personally held responsible for faithful observance of standing Orders and can be penalized for violations.
As per model standing Orders Notice period applicable during probation is NIL and after confirmation of service: 1 month.
You may go thru Model Standing Orders : 13, 14 (2) (3) (e), 16, 17, 18………………….
>>> Another employee from your trade and your location has initiated another thread with similar query that you may find relevant, at:
http://www.lawyersclubindia.com/forum/Company-not-accepting-notice-period-97398.asp#.UvuLCUeBmXU
>>> Since no Tasks are pending at your end you must state in notice of resignation/subsequent communications that no tasks pending ay your end and routine duties may be assigned that can be completed on day to day basis within and upto your last day/dated in office i.e. dated…………..
>>> You may without any hesitation approach your labor consultant/service lawyer/legal consultant.
Lawyers are trained and skilled in mediation, conciliation, arbitration and your lawyer can resolver your matter without litigation too.
Guest
(Expert) 12 February 2014
As Already pointed out, remedy would depend upon detailed examination and analysis of your service related documents.
