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Sweta Singh (Software engineer)     02 November 2015

Notice period buyout

Dear experts , I am working in software company in navi mumbai as software engineer. I joined as fresher in june 2014 and neither any person work under me nor report me nor I advise anybody. Now I got a much better offer in Noida , also my home town . My appointment letter with current company reads "either party can terminate service by giving two months notice or the payment for said period. Before relieving you have to complete the assigments pending" . Currently I donot have any assignment. New company asking me to join in one month time and ready to pay for buyout as mention but not ready to extend joining beyond more than 1 week further . I resigned on oct 20 and requested to relieve me in one month and pay for 2nd month, company is not accepting it saying its company's discretion yo accept it or not. They are not adjusting 16 leave also that i have. Manager has become rude to me , and reluctant not to relieve before december 23 , when I asked reason on mail , he is denying saying its management decision , we cannot tell the reason on mail. Though he is telling orally that new resource will come and when i will train him then only they can leave me.What options are available to me ? I live alone in mumbai , being a female , please suggest if I could approach labor commissioner office or inspector under shops and establushent act ? In similar case bombay high court has given decision in employee favour in 2008 . Please see www.dnaindia.com/mumbai/report-hc-upholds-buyout-of-notice-period-1196417


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 6 Replies

Sweta Singh (Software engineer)     02 November 2015

Please help

siddhartha sinha   02 November 2015

Is your new company ready to induct you without relieving order? Talk to them. Else hire an advocate and he will do the rest. But try to talk it out with your hr dept. Request them directly citing your situation. Its smarter to get your job done by smiles than by sword.

Sweta Singh (Software engineer)     02 November 2015

New company is ready , but I will loose my experience letter of 1.5 years. Also they can declare me absconding if i leave without being relieved

siddhartha sinha   03 November 2015

If your new company is ready even without relieving order then there is no problem at all. You may keep requesting for their consideration. On your final day that is nov 20 just mail them and send a letter that since you have completed the mandatory waiting period you shall not be reporting tomorrow onwards. Mention that there was no cooperation from company side despite repeated requests. Still you are willing to pay one month salary in lieu of one month notice(which you were not bound to serve). This way they cannot declare you absconding legally.

Sweta Singh (Software engineer)     03 November 2015

But what if they do not give me experience letter ? Though , this company does not require all these butvSome mnc want relieving and experience of all previous jobs. So if in future i switch to some other , I will be in problem.

siddhartha sinha   03 November 2015

You need to consult a lawyer and take appropriate action.

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