You can offer payment for early release. Cannot be forced to work.
Company not allowing early release
Hi, I have requested my current employer for an early release of 20 days, however, my offer letter stated a 90 day notice period, The exact statement as per offer letter is- Either party may terminate the employment by giving the other party three months prior notice in writing. Waiver of notice period where you have initiated a termination of your employment by resigning on your own is at the sole discretion of the company. Where circumstances so require at the discretion of Mindtree, the company may end your services with immediate effect by paying three month's salary and allowances, if any, in lieu of notice, without assigning any reason thereof. In case we terminate your service due to your actual or likely breach of Code of Conduct, Policies, or for an event of sexual harassment, any offense, breach of laws, or under any disciplinary proceeding or like reasons of default, reasons of Cause for Termination (as defined in Exhibit 1) no notice or notice pay in lieu of notice shall be due to you.
Asked 4 years ago in Labour
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13 Answers
Hi Yogendra, Is there any legal way of doing this? How can I offer to pay early release? What if they decline my request? Thanks.
Asked 4 years ago
it is at discretion of company to waive the notice period
2) you can only offer salary in lieu of shortfall in notice period
company can accept your offer for payment of salary for shortfall in notice period
Force employment is illegal In India. Even after agreeing to clause to serve notice period, you are not bound and at liberty to buy your notice period.
Offer the same in written and leave the job. If accepted Well and good or may your employer hold your F&F which you can get released by approaching labor commissioner.
Every terms of contract in the eye of law is not valid and can not be enforced by law. Some may be void some voidable.
Tender your resignation letter with immediate effect. Get an acknowledgemet of the same. Hand over all key documents. Leave the company. You shall be liable to pay up for unserved notice period if any. Nothing else.
You shall be free to join any other job.
Let them claim first. Then you pay.
You too can leave with three months salary (basic pay). They cannot stop you legally.
If they create any hurdle then move to courts.
Employee buyout option during notice period
depends totally on the employer. If there are no
dependencies on the employee the employer is
ready for buyout option but incase there are
dependencies on employee the employer disagree
on the Notice period buyout option. If employee
doesn't want to serve notice period and is ready
for buyout option in most of the cases its
employee 2 Months salary. Rest every company
has its own set of rules and regulation.
You can leave the same and then join other company. You can max pay the notice period in form of basic salary for the same.
Dear
It depends on the discretion of company that they release you from service before completion of 90 days notice period.
But you can offer to pay the salary of the period for which you want an early release but it still depends on company that they relieve you or not.
This offer should be send through official mail ID
See as per the clause you can only request your employer for early release you cannot force them as in case you leave company before the period then can file a suit to recover the amount for the period and can hold your reliving and full and final payment.
You can give your employer letter request early release and pay in lieu of same if they accept then you can be relieved.
You can inform your employer that you re ready to compensate the salary amount for the 20 days notice period that may be waived.
You make sure that you send this communication in writing and get an acknowledgement if you are giving this letter by hand or send it by registered post so that you can have chance to fight out the issue legally if you prefer not to work for those 20 days, against the company's management
You cannot be held back compulsorily even though the clause may state so especially when you offer to compensate for the service of 20 days notice period
You can take it up legally when the management refuses to accept your request.
You have been advised to follow certain procedures in this regard ion my previous post, which you may follow.