It is at discretion of the management to waive off the notice period or accept salary in lieu of notice period
2) if company rejects your application to waive balance notice period you have to serve notice period specified in your appointment letter
Company forcing to serve the full notice period even when no dependency is there
I work in a IT company as a recruiter. I have worked with all dedication at the organization for 4 years and have recently got an opportunity outside. Since my resignation, I have already served 70 days of notice period and handed over and transitioned all my responsibilities and have no dependencies on me. I did not let my performance affect even during my notice period and have successfully met the targets. I had requested to be relieved at an earlier date as my joining date with new employers was approaching near. However my request was denied without giving any valid reasons. Informally, I was told that it will set a bad precedence and other members of the team may also follow the suit. There is also provision of buying out notice period is also mentioned in my employment contract which I wanted to exercise, however, I was given to understand by my reporting manager that I can’t buy out the notice period. Can they deny buying out the remaining time of my notice period especially when I have served most of notice period already and have no dependencies? There have been cases in the organization where people have been relieved earlier by either waiving off notice period or by using notice period buy out option. I fee that this notice period clause is being used to harass employees and forcibly keep them working at the organization. What are my options to take it legally with them?
Asked 6 years ago in Labour
8 Answers
Employee cannot be forced to serve notice period, you are entitle to make payment in lieu of notice period. If you will not serve company will adopt unethical means and may hold your f&f. Which you can release by approching labour commissioner.
If you have given proper notice period as per employment agreement than it's ok otherwise you may complaint with Registrar of labor commissioner.
See it is discretion of company to allow you to pay in lieu of notice period or not in case company does not want to early release you, you cannot.force by any legal.means you have to.serve the complete period.
Further see you can better talk with company to peacefully give full and final.payment and reliving letter that would only help you in this.case.
Your employment is in company is governed by your employment contract. The terms and condition of the contract will follow in case if termination or resignation.
You can leave the organization with immediate effect by sending them an official mail regarding buying of remaining notice period and deduct the same from your FNF settlement.
They cannot force you to work for them if there is option to buy out notice period you can use this option for early relieving.
You can buy the notice period by paying basic salary. They can't force you
No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter. You can leave the job by either giving notice or payment in lieu of notice.The Company's policies and procedures are the supplementary aspects.
The signed and stamped ” Letter of Appointment” between and employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.
You can consult a local lawyer and initiate legal steps to tackle this issue legally if the company is turning hostile to your request, as per law.
