Hi ...
I resign from the company and my resiganation is accepted by my manager with duly sign for notice perod of one month from the date of resignation, however the company's termination policy states that
" Your service may be terminated by giving three months notice period in writing ( or payment in lieu thereof) by company. please however note , that, should you effect such termination by resignation, you shall be required to serve the company for a period of not less than 90 days from the date of your resignation."
I want the company to relieve me within one month as discribed in my Resignation letter,
I am also ready to buy out the two months of notice period. however HR is not ready to do so.
Is it legal ? What should I do ?
Please solve my query ....
From India, Pune
I resign from the company and my resiganation is accepted by my manager with duly sign for notice perod of one month from the date of resignation, however the company's termination policy states that
" Your service may be terminated by giving three months notice period in writing ( or payment in lieu thereof) by company. please however note , that, should you effect such termination by resignation, you shall be required to serve the company for a period of not less than 90 days from the date of your resignation."
I want the company to relieve me within one month as discribed in my Resignation letter,
I am also ready to buy out the two months of notice period. however HR is not ready to do so.
Is it legal ? What should I do ?
Please solve my query ....
From India, Pune
Dear Sandip,
Please mention in your 'Request for release' letter , that you are ready to buyout the remaining notice period . Share how you would ensure knowledge transfer and transfer of responsiblities. Please have a discussion with your reporting leadership and seek thier agreement . The reasons a company find it difficult to let a talent go , are , the backfill, training and skill transfer and the learning curve of the new employee .Please find someone in your team who might be in a situation to to be trained and manage the duties within the one month . Gain agreement from your leadership and work along with them. No matter how many disagreement arise, please keep your communication crystal clear.
Wish you all the best .
Regards,
(Cite Contribution)
From India, Mumbai
1859Please mention in your 'Request for release' letter , that you are ready to buyout the remaining notice period . Share how you would ensure knowledge transfer and transfer of responsiblities. Please have a discussion with your reporting leadership and seek thier agreement . The reasons a company find it difficult to let a talent go , are , the backfill, training and skill transfer and the learning curve of the new employee .Please find someone in your team who might be in a situation to to be trained and manage the duties within the one month . Gain agreement from your leadership and work along with them. No matter how many disagreement arise, please keep your communication crystal clear.
Wish you all the best .
Regards,
(Cite Contribution)
From India, Mumbai
I agree with (Cite Contribution), as to how to proceed further, under the given circumstances.
Nevertheless, the company's termination policy is heavily tilted in favour of the employer. Such policies are considered unfair and "bad in law".
If company can pay in lieu of notice, it stands to reason that an employee too should have similar option.
However, certain employers tend to exploit the employees, knowing well that they will not go to Court.
From India, Delhi
Nevertheless, the company's termination policy is heavily tilted in favour of the employer. Such policies are considered unfair and "bad in law".
If company can pay in lieu of notice, it stands to reason that an employee too should have similar option.
However, certain employers tend to exploit the employees, knowing well that they will not go to Court.
From India, Delhi
Dear Raj ,
You hit the nail. It is an employer friendly policy. The worst thing is that the employee needs to depend on its ex-employers to clear them on Refference Check or Back ground verification . Any behaviour judged as inappropriate by the ex-employer can bring in a 'No-Hire' for the employee. This might affect the employablity of the employee .It makes the situation very sensitive . Hence the only way out is to maintain a very clear and honest communication . Under no circumstances the employee can afford any communication which can delay the process or tint the employee in the long run .
Regards,
(Cite Contribution)
From India, Mumbai
You hit the nail. It is an employer friendly policy. The worst thing is that the employee needs to depend on its ex-employers to clear them on Refference Check or Back ground verification . Any behaviour judged as inappropriate by the ex-employer can bring in a 'No-Hire' for the employee. This might affect the employablity of the employee .It makes the situation very sensitive . Hence the only way out is to maintain a very clear and honest communication . Under no circumstances the employee can afford any communication which can delay the process or tint the employee in the long run .
Regards,
(Cite Contribution)
From India, Mumbai
Dear (Cite Contribution) and Raj Kumar,
Thanks for your reply....
I have already cummunicated to my HR that I am ready to Buy out my two months of notice period( Not written in Resignation letter). However I have clearly mention in the resignation letter that " I would like to relieve from the one month of resigning" and also written Peticular date of relieving.
And i have a copy of 'Duly sign Accepted resignation' by my manager.
He don't have any problem to relieve me....
Can i use the copy of accepted resignation as a proof to get relieve.?
Is there any legal way ?
Please suggest.....
From India, Pune
Thanks for your reply....
I have already cummunicated to my HR that I am ready to Buy out my two months of notice period( Not written in Resignation letter). However I have clearly mention in the resignation letter that " I would like to relieve from the one month of resigning" and also written Peticular date of relieving.
And i have a copy of 'Duly sign Accepted resignation' by my manager.
He don't have any problem to relieve me....
Can i use the copy of accepted resignation as a proof to get relieve.?
Is there any legal way ?
Please suggest.....
From India, Pune
Dear Sandip,
You are not likely to get a release from them . But keep up your efforts . Communicate in writting about buying out your notice period.
Legal action is the last resort . Please stick to the formal communication , no matter how long it takes , you would still require them to clear you during the back ground verification . Hence deal very cautiously.
It doesnt sound nice and easy , but will pay off in the longrun. Even if they dont give you release, your communication both answered and unanswered including the acceptance which you have recieved , would bail you out . Hence keep patient. The fact that you have claimed to buy out your notice period in writting, puts you in the safe zone . Do include the handover process. If possible keep the documents including alll the mails where you have handed all your responsiblities with acceptance from your reporting lead. Do take photo copies of the Clearance Form completed during the releasing formalities.
Regards,
(Cite Contribution)
Dear (Cite Contribution) and Raj Kumar,
Thanks for your reply....
I have already cummunicated to my HR that I am ready to Buy out my two months of notice period( Not written in Resignation letter). However I have clearly mention in the resignation letter that " I would like to relieve from the one month of resigning" and also written Peticular date of relieving.
And i have a copy of 'Duly sign Accepted resignation' by my manager.
He don't have any problem to relieve me....
Can i use the copy of accepted resignation as a proof to get relieve.?
Is there any legal way ?
Please suggest.....
From India, Pune
You are not likely to get a release from them . But keep up your efforts . Communicate in writting about buying out your notice period.
Legal action is the last resort . Please stick to the formal communication , no matter how long it takes , you would still require them to clear you during the back ground verification . Hence deal very cautiously.
It doesnt sound nice and easy , but will pay off in the longrun. Even if they dont give you release, your communication both answered and unanswered including the acceptance which you have recieved , would bail you out . Hence keep patient. The fact that you have claimed to buy out your notice period in writting, puts you in the safe zone . Do include the handover process. If possible keep the documents including alll the mails where you have handed all your responsiblities with acceptance from your reporting lead. Do take photo copies of the Clearance Form completed during the releasing formalities.
Regards,
(Cite Contribution)
Dear (Cite Contribution) and Raj Kumar,
Thanks for your reply....
I have already cummunicated to my HR that I am ready to Buy out my two months of notice period( Not written in Resignation letter). However I have clearly mention in the resignation letter that " I would like to relieve from the one month of resigning" and also written Peticular date of relieving.
And i have a copy of 'Duly sign Accepted resignation' by my manager.
He don't have any problem to relieve me....
Can i use the copy of accepted resignation as a proof to get relieve.?
Is there any legal way ?
Please suggest.....
From India, Pune
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