Dear All,
I work with an MNC in Pune. I have been with this company for 3.5 years and in the current project for 2 years. I have been released from my current project, i.e., I am on the bench now.
I want to leave the company immediately with a 10-day notice, or I am ready to buy out with a 90-day notice. Can my company refuse to accept my buyout option, i.e., force me to work for them for 90 days? This is what my offer letter says: "You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof."
There is one point at the end that is scaring me: "Any or all of the terms and conditions of service may be modified or changed at the company's discretion." This point says T&C can be changed, but it doesn't say I have to follow it.
Thank you.
From India
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I work with an MNC in Pune. I have been with this company for 3.5 years and in the current project for 2 years. I have been released from my current project, i.e., I am on the bench now.
I want to leave the company immediately with a 10-day notice, or I am ready to buy out with a 90-day notice. Can my company refuse to accept my buyout option, i.e., force me to work for them for 90 days? This is what my offer letter says: "You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof."
There is one point at the end that is scaring me: "Any or all of the terms and conditions of service may be modified or changed at the company's discretion." This point says T&C can be changed, but it doesn't say I have to follow it.
Thank you.
From India
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Dear apps007,
You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof. If the above words are mentioned in your letter, then I don't think you will face any issues. Apart from this, I suggest you have a discussion with your immediate superior and the HR about this. Every issue will get resolved, but the key is how you manage the situation. Have a good conversation with them. All the very best.
Thank you.
From India, Pune
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You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof. If the above words are mentioned in your letter, then I don't think you will face any issues. Apart from this, I suggest you have a discussion with your immediate superior and the HR about this. Every issue will get resolved, but the key is how you manage the situation. Have a good conversation with them. All the very best.
Thank you.
From India, Pune
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Thank you for your suggestion. I'm trying my best.
The manager in whose project and everyone else is surprised then what the problem. What's your opinion about this line:
"Any or all of the terms and conditions of service may be modified or changed at the company's discretion"
(The above point says terms and conditions can be changed, but it doesn't say I have to follow it.)
From India
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The manager in whose project and everyone else is surprised then what the problem. What's your opinion about this line:
"Any or all of the terms and conditions of service may be modified or changed at the company's discretion"
(The above point says terms and conditions can be changed, but it doesn't say I have to follow it.)
From India
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Hey Apps, every letter has this kind of content,but ultimately as i said you have to mange them and convince them.I am sure you can do it as you are having 3.5 yr expr.in this company.
From India, Pune
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From India, Pune
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The lines that are mentioned by you are standing orders between the employee and employer. Nothing to worry about the lines. There are chances that, if the project you are working on has no performers, you may not be relieved immediately. You need to understand the project's importance as well, as a team player. It's the employer's decision whether "can be relieved you immediately or not" or that depends upon the explanation or discussion you may have with the management in explaining the seriousness/willingness to leave. All the best!
Bharath R
Employee Care
Cybernet Slash Support (CSS)
From India, Madras
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2Bharath R
Employee Care
Cybernet Slash Support (CSS)
From India, Madras
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There are chances that, if the project you are working on has no performers, you may not be relieved immediately. You need to understand the project's importance as well, as a team player.
The whole point is that my assignment to the project is over, and I'm not at all required in the project. It's just the relieving person who seems not to be getting it. I had a word with an advocate and showed him my offer letter. He said I can buyout as it's mentioned in the offer letter. Although it's written in the offer letter that terms and conditions might be changed by the company and to be abided by the employees, they can't make such a decision just like that.
Buying out my notice period is my right, not the company's. Tomorrow, my company will decide: your salary is zero, you work 16 hours a day, and you have no right to leave the company by giving notice or the buyout. :D I want things to go smoothly and do my best for it, but beyond a point, it will be a lot of snowballing. :)
From India
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The whole point is that my assignment to the project is over, and I'm not at all required in the project. It's just the relieving person who seems not to be getting it. I had a word with an advocate and showed him my offer letter. He said I can buyout as it's mentioned in the offer letter. Although it's written in the offer letter that terms and conditions might be changed by the company and to be abided by the employees, they can't make such a decision just like that.
Buying out my notice period is my right, not the company's. Tomorrow, my company will decide: your salary is zero, you work 16 hours a day, and you have no right to leave the company by giving notice or the buyout. :D I want things to go smoothly and do my best for it, but beyond a point, it will be a lot of snowballing. :)
From India
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hi according to me the condition given by the company is onesided and as per law you can resigne by giving one month notice .
From India, Delhi
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From India, Delhi
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Hi,
"Terms and conditions can be changed at the company's discretion" - ACCEPTABLE - BUT THEY HAVE TO INTIMATE YOU THE EXACT CHANGE IN POLICY. In the event nothing is put in writing, they cannot force something on you. If you have hassles, seek professional help and send them a legal notice. The standard norm is that in the absence of a notice period, they can deduct one month's pay and settle your dues.
From India, Mumbai
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"Terms and conditions can be changed at the company's discretion" - ACCEPTABLE - BUT THEY HAVE TO INTIMATE YOU THE EXACT CHANGE IN POLICY. In the event nothing is put in writing, they cannot force something on you. If you have hassles, seek professional help and send them a legal notice. The standard norm is that in the absence of a notice period, they can deduct one month's pay and settle your dues.
From India, Mumbai
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When it is specifically mentioned in your offer letter "You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof," why will the company have any problems in releasing you when you are ready to pay 3 months' basic salary? Since you are already on the bench, I don't think the company will have any issues in releasing you. The company can create some problems if you are working on a critical skill. What I would suggest is to speak to your HR manager first and then submit your resignation.
Regards,
Swati Verma
From India, Delhi
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Regards,
Swati Verma
From India, Delhi
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Your company cannot force you to work the notice period. There are several court cases where it has been decided that an employment contract is not to be subjected to specific performance. At most, damages up to the maximum of the notice period can be claimed by the employer.
From India, Pune
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From India, Pune
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