When my employment contract states, "Consequent to confirmation, the company may terminate your services by serving 3 (three) months' prior notice or on payment of an amount equivalent to 3 (three) months' gross salary/remuneration in lieu of the notice period, without assigning any reason thereof.
In case you decide to leave services of the Company consequent to confirmation, you will be required to serve 3 (three) months' prior notice to the Company or will pay an amount equivalent to 3 (three) months' gross salary/remuneration in lieu of the notice period, without assigning any reason thereof."
It is clearly written that if you want to pay, you can pay and go. Yes, I want to pay in lieu of notice, but my company is rejecting the same request. What can I do if they are forcing me to serve notice?
From India, Jaipur
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In case you decide to leave services of the Company consequent to confirmation, you will be required to serve 3 (three) months' prior notice to the Company or will pay an amount equivalent to 3 (three) months' gross salary/remuneration in lieu of the notice period, without assigning any reason thereof."
It is clearly written that if you want to pay, you can pay and go. Yes, I want to pay in lieu of notice, but my company is rejecting the same request. What can I do if they are forcing me to serve notice?
From India, Jaipur
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The buyout option is available for the employee, but to ensure continuity of operations, the employer may also need some time to identify your replacement and train the successor. Therefore, the employer has the right to insist on serving the notice period. You can try discussing with the relevant authorities to reach an amicable solution to the issue.
From India, Mumbai
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1656From India, Mumbai
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Dear Colleague,
Rightly guided by our colleague, a business depends on talents like us, and we cannot leave abruptly. At the same time, management does not conclude the service of any valuable talent abruptly by paying only 3 months' pay. Only in case of serious performance issues or disciplinary problems, management exercises this clause. Similarly, the employee should also invoke this clause only in rare occasions, such as serious medical grounds. In normal situations, the employer will have the prerogative rights to make alternate arrangements during the 90 days and relieve you. You are not obligated to work beyond the 90 days, but serving during this period is always a good sign of being a responsible employee. It is a basic duty in our employment that we should fulfill. If the next employer is pressing for early joining, brief them that they will understand and view your responsible work behavior positively. Kindly meet with your HR/manager and try to persuade for early relieving, if possible, while suggesting not to sever the relationship.
All the Best, God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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Rightly guided by our colleague, a business depends on talents like us, and we cannot leave abruptly. At the same time, management does not conclude the service of any valuable talent abruptly by paying only 3 months' pay. Only in case of serious performance issues or disciplinary problems, management exercises this clause. Similarly, the employee should also invoke this clause only in rare occasions, such as serious medical grounds. In normal situations, the employer will have the prerogative rights to make alternate arrangements during the 90 days and relieve you. You are not obligated to work beyond the 90 days, but serving during this period is always a good sign of being a responsible employee. It is a basic duty in our employment that we should fulfill. If the next employer is pressing for early joining, brief them that they will understand and view your responsible work behavior positively. Kindly meet with your HR/manager and try to persuade for early relieving, if possible, while suggesting not to sever the relationship.
All the Best, God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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