Hi, I work with IT company and have Notice period of 90 days. I have resigned from the company on 16-NOV-2016 and requested to be relived by 16-DEC-2016. I have communicated my joining date to my new employer as 19-DEC-2016 based on the buy-out option and early release option in our company policy. I have written to HR below: Considering my tenure (4 years 8 months) with company, I will: 1. Serve a notice period of 31 days (+ 9 earned leaves) 2. Reimburse the shortfall of 50 days at the rate of my monthly total base compensation (TBC). 3. Complete all existing responsibilities on projects/ tasks that need to be executed by me. 4. Ensure a smooth transition/handover of outstanding responsibilities/ to team. This is what she has responded: "We appreciate the situation and empathize with you. However we are constrained by organization guidance on this issue wherein we have been advised to strictly follow 90 days’ notice period." Please guide me what should i do in this case. As per Exit policy of the company "Early Release/Shortfall of Notice Period: The Notice period of 90 days needs to be served by all the employees. All such cases wherein the Supervisor/N+1 approves an early release, it also needs to be approved by BU head in consultation with HR. Shortfall of notice period shall be recovered from the employee." In my offer letter it has been said "This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof.However release from the services of the company will be subject to satisfactory handover of the responsibilities assigned to you. please guide.
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1) it is at the discretion of company to accept shortfall in notice periodd
2) you have to serve the notice period of 3 months if your company is refusing your offer to pay salary in lieu of shortfall in notice period
3) if you leave without serving notice period company would not give you relieving letter and experience letter
Hi sir, thank you for your reply. What are the option's I have now. can employer force me to serve entire notice? I have kept my manager and team informed about the exit date, hoping they will agree to accept my resignation. I cannot report to work from 19th Dec, what is the use of giving them advance notice if they are making a scenario for me to abscond. What should be my next steps? What if I domt pay them the outstanding dues, as they will not giving me relieving letter after termination.
1.If you have joined the new company then forget about the serving the whole notice period.
2.At the most your refusal to do so would be treated as breach of agreement and you would be asked to compensate the company.
3.No person can be forced to work even in terms if the agreement beyond his willingness to do so.
4.So quit it anyway and the company at the most deduct some extra money from your outstanding. The most suitable option is always serving the whole period if it does not jeopardise the new job.
1) your next step is issue a cheque in favour of company for shortfall in notice period
2) the company may not accept the cheque and terminate your services and declare you an absconder
3) it is in your interest to serve the 90 days notice period
4)request your new employer to extend your date of joining by 2 months
The notice period incorporated in the contract ranks sacrosanct but the employer may waive it off in entirety or reduce it in its discretion. The employee does not have the right to seek waiver of the notice period. If you do not serve the notice period the employer may sue you for breach of contract to claim damages and refuse to relieve you. Once you get entangled in courtroom battles your career will take backseat.
In my offer letter it has been said "This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof.However release from the services of the company will be subject to satisfactory handover of the responsibilities assigned to you.
The above conditions endorsed in the employment offer letter and accepted by you shall be the governing rules in this subject.
You can quote this condition made in the offer letter and express your willingness to pay or buy the notice period for the remaining period that yo ill not be able to work in the company
If the employer i.e., the HR is not agreeing to this and still adamantly sticks to the rules as quoted by her you may escalate the matter with the top management by a written representation.and get an acknowledgment for this.
After this you can contemplate to initiate legal action by first issuing a legal notice demanding the relieving letter and follow it by a case demanding relieving letter and settlement of all your dues after deductions.
What are the option's I have now. can employer force me to serve entire notice? I have kept my manager and team informed about the exit date, hoping they will agree to accept my resignation. I cannot report to work from 19th Dec, what is the use of giving them advance notice if they are making a scenario for me to abscond. What should be my next steps? What if I domt pay them the outstanding dues, as they will not giving me relieving letter after termination.
The employer cannot force yo to work for the entire notice period of 90 days especially when the emloyment offer letter contains that you can pay the compensation for the notice period.
You can demand the relieving letter and all your dues from the company after a week after stopping to attend the office as per your original plan by serving a legal notice and quoting the conditions of the offer letter in this regard.
They cannot declare you to be an absconder despite having taken all the steps properly as per law while leaving the organisation.
You can even file a defamation suit against the company for their such an act.