Can I enforce notice period buyout from my company?
I am a permanent employee and have already served 20 days till date with my resignation letter being acknowledged. I produce the text as per the HR manual as below.
Notice of Resignation
- A permanent employee whose services are confirmed in the Organization must submit a "Notice of Resignation" three months prior to the expected separation from the Organization date., the notice period of 90 days would start from the day when the resignation is accepted officially by HR. HR should communicate its decision on the resignation tendered by the employee within 7 days.
- If an employee serves notice period of less than 3 months, from the lapse of 7 days’ time period taken by HR to communicate its decision on such resignation letter, then he/she is liable to pay to the Company in full, the shortage of days falling less than 90 days.
- Supervisors do not have the authority to agree / permit an employee to leave the company in less than 90 days from the time the resignation is accepted. Senior Management may decide to make an exception to the 90 days’ notice period in certain unusual cases; these cases are not to be treated / taken as “setting precedents” for the Company. The senior management decision is final (i) whether a special consideration maybe granted to a particular case or not (ii) if yes then what type of consideration maybe granted
- An employee whose services are not confirmed is required to serve 30 days’ notice period.
Question: If I notify that I wish to be relieved from my duties say, by the end of this month and will buy out the remaining notice period. Can this be enforced by me if the management is not conducive to the idea?
Asked 2 years ago in Labour from Noida, Uttar Pradesh
1. No body can force you to work in an organisation without your consent,
2. So, your resignation shall have to be accepted,
3. The organisation may offer you better pay packet in case you withdraw your resignation letter but if you stll wish to leave, they are bound to release you,
4. You can very well give the notice as proposed by you and stop coming to office from the scheduled date.
There are provisions in the HR manual that the Senior Management my decide to make an exception to the 90 days notice period in certain unusual cases. Hence, you may project your case to the Senior Management citing reasons for curtailment of notice period short of 90 days and also your willingness to pay for the same. Wait for the decision of the Sr. Management and if that goes in your favour it would be win win situation, but if the decision goes against you and that too without citing any reason or explanation, you have all right to challenge the decision of the Sr. Management before the competent court of law.
Advocate, New Delhi