HI All,
I work for a company in Bangalore called Magna, from their i am deputed to the client location Unisys in Bangalore itself.....Magna consultancy is having 90 days notice period.
I have resigned on 2nd of April due to my Family emergency and i am not in the situation to serve the 90 days NP (I have to stay in my hometown for a year atleast). But i want all my documents from Magna at the earliest. When i ask Magna HR they said everything is dependent on your Unisys Reporting Manager. But Unisys reporting manager is not agreeing to relieve me early.
I have dropped an written email to Reporting MAnager and Magna HR that , I am ready to bear the cost whatever it is but i want to be released asap. But nobody is ready to accept the Buy out option...
My Question is , Is buyout option is dependent on Manager or HR, or not.
Below is the Separation Clause in my Offer letter..
"If you wish to leave the services of the company, a clear written notice of 90 days has to be given to the company. The Notice period is subjected to acceptance by the client and/or from the reporting manager at Magna. The Notice period can also be extended based on the business needs. In case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other changes/Liabilities company incurs consequent to the failure to give required written notice"
From India, Bangalore
I work for a company in Bangalore called Magna, from their i am deputed to the client location Unisys in Bangalore itself.....Magna consultancy is having 90 days notice period.
I have resigned on 2nd of April due to my Family emergency and i am not in the situation to serve the 90 days NP (I have to stay in my hometown for a year atleast). But i want all my documents from Magna at the earliest. When i ask Magna HR they said everything is dependent on your Unisys Reporting Manager. But Unisys reporting manager is not agreeing to relieve me early.
I have dropped an written email to Reporting MAnager and Magna HR that , I am ready to bear the cost whatever it is but i want to be released asap. But nobody is ready to accept the Buy out option...
My Question is , Is buyout option is dependent on Manager or HR, or not.
Below is the Separation Clause in my Offer letter..
"If you wish to leave the services of the company, a clear written notice of 90 days has to be given to the company. The Notice period is subjected to acceptance by the client and/or from the reporting manager at Magna. The Notice period can also be extended based on the business needs. In case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other changes/Liabilities company incurs consequent to the failure to give required written notice"
From India, Bangalore
Hi
The clause is defined and clear to state. As you are at Client site your reporting Manager (Client) needs to approve your resignation and then the HR/Reporting Manager (Employer) will be able to take stand. The reason as your employer is dependent on the Client and providing service to them.
Hope you will be able to convince your Reporting Manager (Client) wrt your separation.
All the best!
Regards
Jeevan
From India, Thiruvananthapuram
9The clause is defined and clear to state. As you are at Client site your reporting Manager (Client) needs to approve your resignation and then the HR/Reporting Manager (Employer) will be able to take stand. The reason as your employer is dependent on the Client and providing service to them.
Hope you will be able to convince your Reporting Manager (Client) wrt your separation.
All the best!
Regards
Jeevan
From India, Thiruvananthapuram
Hi Jeevan Thanks for your reply....
In the below phrase of my offer letter
"n case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other changes/Liabilities company incurs consequent to the failure to give required written notice"
The above phase is a buy out option is'nt it??
As i am ready to bear the cost, but no one is agreeing . My Question: Is there any legal way where i can force them to release me based on the above clause. ?
Also, as i mentioned i need to go hometown asap, the condition is like i cant stay wheather you release me or not, so if i simoly go to my hometown and tell them i am not going to come back.....Will t be considered as Absconding. (While i have already resigned and requested to release me asap, and also ready to buy out the NP)...will it be considered as Absconding...??
From India, Bangalore
In the below phrase of my offer letter
"n case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other changes/Liabilities company incurs consequent to the failure to give required written notice"
The above phase is a buy out option is'nt it??
As i am ready to bear the cost, but no one is agreeing . My Question: Is there any legal way where i can force them to release me based on the above clause. ?
Also, as i mentioned i need to go hometown asap, the condition is like i cant stay wheather you release me or not, so if i simoly go to my hometown and tell them i am not going to come back.....Will t be considered as Absconding. (While i have already resigned and requested to release me asap, and also ready to buy out the NP)...will it be considered as Absconding...??
From India, Bangalore
How much cost would you bear as buyout. The clause does not state that you will pay cash in lieu of notice period.The clause is very clear. It states that you will bear the loss and also the liabilities on account of not fulfilling the notice period. The compensation that you may have to pay would be quite substantial, if you want a buy out. The other alternative is to go legal contesting the clause itself, since such a one sided clause is not valid. But then you need a damn good lawyer to fight it out. Apart from that you need patience and money, since the case would go on for years and you could be harassed for years, though you will keep winning the case in every court till the Supreme Court also decides in your favour. By the time, it could be a couple of decades and except for an ego satisfied, you would have been drained out, fighting an Organisation.I am not kidding.
You should have gone through the terms of appointment, especially, since you were joining a body shopping company and protected your interest before signing such a contract. Once signed, the easiest option is to negotiate with your reporting manager and if he does not agree, to serve the notice period. In case you leave before the notice period is over, you will still be considered an absconder, since you are absconding from your duty of serving the notice period. And in case you abscond, then the company reserves the right to claim compensation for the losses incurred on account of your absconding. And under such circumstance, even the courts would not give you any relief. Any legal recourse that you would like to avail of, must be resorted to before you abscond.
From Indonesia, Jakarta
You should have gone through the terms of appointment, especially, since you were joining a body shopping company and protected your interest before signing such a contract. Once signed, the easiest option is to negotiate with your reporting manager and if he does not agree, to serve the notice period. In case you leave before the notice period is over, you will still be considered an absconder, since you are absconding from your duty of serving the notice period. And in case you abscond, then the company reserves the right to claim compensation for the losses incurred on account of your absconding. And under such circumstance, even the courts would not give you any relief. Any legal recourse that you would like to avail of, must be resorted to before you abscond.
From Indonesia, Jakarta
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