Urgent - notice period and buyout option
Deepak Aggarwal
(Querist) 10 September 2016
This query is : Resolved
Dear Experts,
I am working as a Permanent employee in Pvt Ltd IT firm. I have been working here since October 2015. I have put down my paper on 9th September 2016 as I got a job in another firm. Notice period in my organization is 3 months. But considering my experience level no organization will wait for 3 months. Considering this I lied to the new firm that notice period is 2 months. This firm is ready to wait for 2 months but my problem is my current firm is not willing to relieve me. Following are the clauses mentioned in my Offer letter regarding termination of service.
2.Termination and Notice:
2.1. Upon confirmation of your employment , either party may terminate the contract by giving three(3) month’s notice or three (3) month’s salary in lieu of notice.
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I have requested them to relieve me after completion of 2 months of my notice period and remaining 1 month , I will buy-out . Unfortunately , they have rejected my request and told me that I have to serve the complete notice period of 3 months. The offer letter doesn’t mention anywhere that Payment of salary in lieu of notice period shall be at the sole discretion of the Company.
I find this very unfair. Is there any legal way (any clause in employment law) using which I can serve only two months of notice period and buyout the remaining one , and also get my experience letter? Also, Can I enforce notice period buyout from my company?
Kumar Doab
(Expert) 10 September 2016
You have posted that:
"I have requested them to relieve me after completion of 2 months of my notice period and remaining 1 month , I will buy-out . Unfortunately , they have rejected my request and told me that I have to serve the complete notice period of 3 months'
Is your request and the declinature (both) in writing?
To whom you have requested and how?
Who has declined e.g; appointing authority,MD?
Did you submit notice of resignation and mention notice period/LWD in it?
Do you have its copy and acknowledgment?
Did you submit vide some resignation software tool? If yes, mention notice period/LWD in it? Did you download a valid copy?
Kumar Doab
(Expert) 10 September 2016
Never conceal anything in employment.
Post facts in employment application and keep a copy.
Obtain offer letter from prospective employer.
Kumar Doab
(Expert) 10 September 2016
Are you under probation of confirmed?
What is your designation and nature of duties?
Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?
What was your monthly salary?
Does standing orders apply to establishment/your designation? If yes are these certified?
Deepak Aggarwal
(Querist) 10 September 2016
Thank you Doab for your prompt Reply.
Please note my comments inline.
Q- Is your request and the declination (both) in writing?
A- I have requested them over email but their declination is verbal. Shall I ask them to reply to my email and mention the same they have told me verbally?
To whom you have requested and how?
A- I have requested it to my reporting manager through email.
Who has declined e.g; appointing authority,MD?
A- My CTO(Chief Technical Officer)
Did you submit notice of resignation and mention notice period/LWD in it?
A- yes , I have submitted the notice of resignation and mentioned LWD as the date 2 months post the date I have resigned on.
Do you have its copy and acknowledgement?
A- They didn't acknowledge it in written yet. I have a copy of the mail that I have sent to them.
Did you submit vide some resignation software tool? If yes, mention notice period/LWD in it? Did you download a valid copy?
A- No
Deepak Aggarwal
(Querist) 10 September 2016
Are you under probation of confirmed?
A- No, I am a permanent employee now.
What is your designation and nature of duties?
A- Software Engineer . I am responsible for the development of the software product.
Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?
A- No, I have no such power.No one work under me.
Does standing orders apply to establishment/your designation? If yes are these certified?
A- Sorry , I didn't get this . Can you please elaborate ?
Deepak Aggarwal
(Querist) 10 September 2016
Dear Experts ,This query is still open
Kumar Doab
(Expert) 10 September 2016
You are located in which state?
Deepak Aggarwal
(Querist) 10 September 2016
Gurgaon , Haryana
Doab - Can you please let me know what I can do to come out of this mess ? I want to be released within 2 months only.
Kumar Doab
(Expert) 10 September 2016
The name of querist was Ayush Jain.
The name all of sudden has changed to Deepak Aggarwal?
Why and how?
Kumar Doab
(Expert) 10 September 2016
There are some rules we follow.
When we address an expert for help we add title respectfully Mr/Shri/Ms/Mrs/Smt.......................
If you have gone thru the threads you must have noticed it.
You (Ayush Jain/Deepak Aggarwal) have a problem and you have come to this forum seeking help/support/legal remedy.
The querist/author must show respect and it should be genuine and visible.
Some experts are very senior and have been rendering Free Service at LCI for years and unlimited number of querists/authors have been helped.
You must have noticed that even we address our seniors with proper title and sincere respect.
Many of the querists/authors have succeeded without litigation.
One such querist has posted her success today also at:
http://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp
Kumar Doab
(Expert) 10 September 2016
Pls don't send any PM with subject line 'Blank'
I won't even open it.
Do fill subject line in PM.
Kumar Doab
(Expert) 11 September 2016
NO response.
Kumar Doab
(Expert) 12 September 2016
I would have fully resolved your query.
Since there is NO response, it is felt that you are not interested.
Hence the thread may be deemed as closed.
Raj Kumar Makkad
(Expert) 13 September 2016
I do endorse the lengthy bt wise reply of Doab.
