• Notice period Buyout , Experience and Relieving letter

Hello All,

I have an official notice period of 60 days and planning to buyout 40 days of Notice Period. The term in my offer letter says that I need to pay my basic salary in lieu off my notice period. I am ready to pay the buyout amount as I don't want to abscond. I shall be clearly writing these details in my resignation. 
Now my question is:
1- Can the company deny me the waive off in notice period? (I am paying the buyout amount as per terms of offer letter)
2- Can the company deny my relieving and experience letter, because I am paying the buyout amount as per offer letter terms?
3- What are the actions that I can take against the company if they don't agree to waive off my notice period because they would be forcing me to work against my will.
4- Is there any action that company take against me as I am complying with the terms ?
Asked 5 years ago in Labour

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11 Answers

1. No , not at all, they have to follow what has been in terms and conditions of the appointment and you also, if you want to buy out you can.

2. Why , they can't they have to issue these documents.

3. First join another company if joining after submitting conditional resignation then ask for the clearance of the dues, if they don't agree , then give a complaint to the Labour Department under ULP.

4. Nothing, if they start this is harassment then also file a complaint against the company with the labour department.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear,

        - no, they can,t, this is mentioned in your offer letter.

        - no, they will provide all the documents you needed to join new company.

        - send legal notice to company and file complaint in labour court.

        - no 

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. No if you buyout they can't deny. 

2. No. 

3. You can complaint to office of dy labour commissioner. 

4. No..  Even if they take action it will not stand

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

Resignation is unilateral act on part of an employee. There is some misconception about it. Being its nature of unilateral act its effects are immediate in ending up employment relationship. It acts instantly. No way depends upon your releiving by the employer.

releiving order makes you free from all sort of liabilities to your employer. Your company can deny your relieving if you are not clear of your dues or any liabilities to the company.

but the company can not force you to work after resignation. Nor they keep you on their roll.

you can join any other job after resignation while releiving is pending.

 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. If there is an option to buy out notice period then the company is bound to give you such option unless this option is to be exercised at the sole discretion of the company.

2. If the office is in mood of denying your rights then certainly it can refuse you to get relieving letter without complying with their terms.

3. You can simply quit provided your new employer is ready to dispense with your relieving letter Else you will have approach the labour court.

4. No under the circumstances.

Devajyoti Barman
Advocate, Kolkata
22876 Answers
492 Consultations

5.0 on 5.0

Company must have reserve the right to accept waiver of notice period. But as per law, you can`t force to work agasint your choice and entitle to buy NP. But company may refuse.

Relieving and experience letter, you can get by approaching labor commissioner.

Company can retain F&F.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

if company deny your buyout notice you may issue them a legal notice through a lawyer.

If company has no problem with you buying out
the notice period then it will definitely provide
you with relieving and other necessary
letter/documents.
But if company asks you to serve the notice period
then you will be required to do so. 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

it is at discretion of company to waive notice period 

 

2) company ought to  give you experience letter and relieving letter 

 

3) if company refuses to waive notice period you have to serve the notice period mentioned in your appointment letter 

 

4) if company refuses to give you relieving letter inspite of serving notice period issue legal notice to company to furnish you relieving letter and experience letter 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

1. If it is as per the terms and you have given right to buyout then the company cannot deny same.

2. No it cannot deny you same if they deny you can take legal action against the company.

3. You can leave the company and can file a suit for relieving letter and your full and final settlement. 

4. See if you are complying with the terms company cannot take any legal action against you. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You may revisit the employment offer  letter for the conditions on this, generally you can buy out the notice period by paying the prescribed amount as compensation towards the remaining period of notice period.

2. The company can do that but in that circumstances you may issue a legal notice mentioning the terms and conditions as mentioned i the offer letter to your defence. 

3. You can initiate legal action by first  sending them a legal notice in this and then further legal steps.

4. They may threaten to initite legal action but actually they may spoil your career on the background verification by the new employer as a revenge.

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

No the company cannot deny waiving off for notice period if you are ready to pay the basic salary of leftover period. 

No company cannot deny the relieving and experience letter. 

You can send them a legal notice and file suit against them for mandatory injunction.

No if you are complying with the terms of joining letter then company cannot sue you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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