Hi,
I am working in a reputed software MNC and I have resigned from my job last month due to personal reasons. No one in my company gave a notice period of 3 months and now my company is stuck on 3 months notice. I have even offered to buy back the notice period but HR said it is at the discretion of a company and company is not willing to offer buy back option.
Regarding handover formalities everyone knows that it is just 2 weeks required to complete that even then they are forcing to stay for 3 months. Since they know that I can't stay long they are not giving me any option.
My question is if I am willing to buy back the notice period and company is not willing to do and if I stop going to office, Can the company say not to give me a releiving letter ?
How one can sit on desk for 3 months just for the company as it wanted to discourage other employees to leave !!!
Many Thanks,
CR

From India, Delhi
Dear Friend,
I think company cannot have one rule for you & one rule for the others as you said previously it was 2 weeks notice, How can management discretion be biased judgement, May be the company dont want to leave you, are you in to any crucial project or Level which makes them to think twice abt your relieving.
otherwise or you not clear abt the reason for you to get relived, Nowdays this is something an important issue.
One thing for sure unless an until you have given them any thing in writing that you would account for 3 moths notice period, company cannot do any thing, but i feel as an HR relieving letter is something very Important to you for future job, Better you Talk to your boss & HR once again.
All the best
Regards
Srilatha

From India, Hyderabad
Dear Sender,
In your case, if you are not served 3 months in current employer, then they will deduct notice pay dues from legal dues (if co. rule to give 3 months notice) and may not relieve you from duties nor issue service certificate.
If you new employer are ready to wait 3 months time, I suggest be there quitely from 3 months. Take your annual leave whenever you feel.
regs
Bhushan

From India, Mumbai
Dear friend,
Firstly check your appointment letter, there must be some clause for specific period after resigning to handover your allotment.
Kindly insist for your relieving letter
Rgds
Dhananjay.........

From India, Mumbai
Hi,
Organization can't force employees to stay back once you have decided to leave the organization.
Max. company can do they deduct your notice pay from the Full & Final as per the terms & Condition mentioned in ur appointment Letter, further they can't stop ur other payable dues.
If ur new company is willing to take ur joining without resg.acceptance letter you can join without having any prob.
Regds,
Rajesh Kumar


Well said by Rajesh. If you have an appoitment order which calls for 3 months notice or payment in lieu, then you are defenitely bound to servce notice or pay notice pay. And if you refuse to give, the company can withhold your final settlement and service certificate, the latter is important as far as your career is concerned. This is common, but I donot think that any company will run for an employee who resigned without giving 3 long months of notice or sacrificing 3 months pay. I have seen letters from the employers warning that they will move to court for recovery of notice pay, but I have not seen any case registered. There may be a few incidents of sueing an employee for recovering the notice pay, but such are cases wherein the employee- employer relationship was totally damaged. I prefer, you can have a nice meeting with your employer and ask for waiver of notice clause. You will be granted excuse and with good relation you can leave the organisation.
All the best.
Madhu.T.K

From India, Kannur
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