shailendra chauhan 10 June 2021
Sankaranarayanan (Advocate) 10 June 2021
Lengthy query ..... ...
G.L.N. Prasad (Retired employee.) 10 June 2021
When the mutual agreement clearly states that the option of buying notice period is at the discretion of the employer, after signing an agreement agreeing to such a clause, now you can not after50 days of experience can not state that the clause is unfair.
It is not fair to join an institution through a recruitment process and then abandon as and when employee likes stating the better opportunity reason, as the recruitment process is a complicated process involving time and money. The present employer may not find a suitable candidate when the employee is involved in a project to be executed within a time frame.
It is your discretion to consider pros and cons before abandoning the present employment, to join another organization for want of monetary benefits. Members can not suggest any way suitable to you.as there is no litigation for the present and further action by the present employer depends on their future decision against the employee.
P. Venu (Advocate) 10 June 2021
Admittedly, you are aware of the all the pros and cons of the situation. All that is suggested is to use your discretion in your best judgment.
T. Kalaiselvan, Advocate (Advocate) 11 June 2021
An Employer cannot compel his/her employee to serve the entire notice period if he or she is ready to do the buyout/compensate the notice period.
Just mention your last working day in the letter. If they don't accept it then send it by speed post. They are bound to accept it.
Make sure you return all company data like laptop, if card as it may become the issue.
Don't worry, companies do scare but can't do anything under the law.
You can leave without serving the notice period only if you take the option of a notice-period buyout. If you leave your employment without giving any notice, then it’s technically a breach of the employment contract and can potentially land you in legal trouble.
Don’t ever attempt such an act of Leaving without serving the Notice Period or Opting for Notice Buyout It will prove to be highly or fatally damaging blow to your career