Hi ,
My friend is working in company where he has to serve three months notice period. In his offer letter, it's mentioned that Notice period buyout option is available when both parties agree on this.
Now , he had resigned with expectation of early release and to served 1 month notice period and ready to buyout by paying for remaining two months.
Even he got release from project after serving 1 month notice period and now he is not working for any project. But HR is forcing him to serve remaining two months of notice period. Is it legal if employee got release from project but HR don't want to release from company even if he is ready to buyout notice period?
My friend is working in company where he has to serve three months notice period. In his offer letter, it's mentioned that Notice period buyout option is available when both parties agree on this.
Now , he had resigned with expectation of early release and to served 1 month notice period and ready to buyout by paying for remaining two months.
Even he got release from project after serving 1 month notice period and now he is not working for any project. But HR is forcing him to serve remaining two months of notice period. Is it legal if employee got release from project but HR don't want to release from company even if he is ready to buyout notice period?
Dear member,
You have written that "In his offer letter, it's mentioned that Notice period buyout option is available when both parties agree on this".
The important point in the above sentence is "When both the parties agree on this". Therefore, if either of the party does not agree, then the other party cannot grumble.
Nevertheless, more than a legal issue, the internal situation in your friend's company matters more. Why HR does not agree to release your friend early even though he is not involved in any project? Why does the company wish to retain a non-billable resource forcefully even when that resource is ready to separate? There appears to be something more than meets the eye. In most companies, HR is not empowered to take such decisions. They just execute the decisions. Therefore, let your friend find out who is shooting from the shoulders of HR?
Thanks,
Dinesh Divekar
From India, Bangalore
7884You have written that "In his offer letter, it's mentioned that Notice period buyout option is available when both parties agree on this".
The important point in the above sentence is "When both the parties agree on this". Therefore, if either of the party does not agree, then the other party cannot grumble.
Nevertheless, more than a legal issue, the internal situation in your friend's company matters more. Why HR does not agree to release your friend early even though he is not involved in any project? Why does the company wish to retain a non-billable resource forcefully even when that resource is ready to separate? There appears to be something more than meets the eye. In most companies, HR is not empowered to take such decisions. They just execute the decisions. Therefore, let your friend find out who is shooting from the shoulders of HR?
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Dinesh, Thank you so much for your suggestions. Is there anything we can do legally if someone is doing such politics ? Your guidance will be very much helpful. Please let me know your opinion
Hello - the answer is a simple no. Separations are a governed by the terms in the appointment letter and it is at the discretion of the HR to relax them or waive it for you. There is no other perspective to this, it is fairly simple.
If a notice period in full is required to be served, please serve it, despite the business needs to be on or off a project. It is completely and completely upto an employer to waive off the notice period. Buyout for a sum of money is not the deciding factor here, of course.
Practical advice - please set up a meeting with your Reporting Manager and HR to discuss the possibility of an early release. This will give you an idea about the expectations and conditions for your release from the company, from both the sides.
Thank you.
From India, Delhi
If a notice period in full is required to be served, please serve it, despite the business needs to be on or off a project. It is completely and completely upto an employer to waive off the notice period. Buyout for a sum of money is not the deciding factor here, of course.
Practical advice - please set up a meeting with your Reporting Manager and HR to discuss the possibility of an early release. This will give you an idea about the expectations and conditions for your release from the company, from both the sides.
Thank you.
From India, Delhi
In addition to what has been stated by the learned members, one thing should not be lost sight of, HR has to ensure uniformity in dealings, or they are resorting may be to discourage separations.. If there is a policy/decision on not accepting buy out requests, it has to be universally applied. Otherwise every person to whom it is applied would cry hoarse and unfairly treated. This has to be appreciated in that light.
As regards legality is concerned the clause in the offer letter that Notice period buyout option is available when both parties agree on this implies that the employee has no vested right to insist on availing the buy out option.
From India, Mumbai
As regards legality is concerned the clause in the offer letter that Notice period buyout option is available when both parties agree on this implies that the employee has no vested right to insist on availing the buy out option.
From India, Mumbai
Hello,
If an employee has agreed for 3 month's notice period he has to honour it. The language of the appointment or offer letter is both ways. Even if the Company wants to terminte the services of the employee, Company has to keep him employed for 3 months. Company cannot pay him for 3 months and dismiss him instantly. The Clause applies to both, employer and employee, equally. The choice of pay in lieu of notice is an option IF BOTH PARIES AGREE.
Best way will be the employee keeps good relations with employer and make the employer agree to early release.
Vibhakar Ramtirthkar, Pune.
From India, Pune
If an employee has agreed for 3 month's notice period he has to honour it. The language of the appointment or offer letter is both ways. Even if the Company wants to terminte the services of the employee, Company has to keep him employed for 3 months. Company cannot pay him for 3 months and dismiss him instantly. The Clause applies to both, employer and employee, equally. The choice of pay in lieu of notice is an option IF BOTH PARIES AGREE.
Best way will be the employee keeps good relations with employer and make the employer agree to early release.
Vibhakar Ramtirthkar, Pune.
From India, Pune
Hello,
This is a tricky situation.
First things first, no company can force employees to serve a full notice period. But, as you mentioned, your friend has already agreed to the company policy that the Notice period buyout option is available when both parties agree on this. Therefore, in such a scenario, he has no other option but to serve the remaining notice period.
For the unintended, once employees agree to such vital things written on brief in appointment letter or offer letter, they are bound to follow it.
Here, communication is the only key. Your friend should reach out to his manager or the HR department and try to convince them. Needless to say, this is not going to be easy. So, ask him to have lots of patience till he gets his work done.
Hope this answer helps your friend.
Also Know about How To Stop Candidates From Backing Out During the Notice Period?
From India, Noida
This is a tricky situation.
First things first, no company can force employees to serve a full notice period. But, as you mentioned, your friend has already agreed to the company policy that the Notice period buyout option is available when both parties agree on this. Therefore, in such a scenario, he has no other option but to serve the remaining notice period.
For the unintended, once employees agree to such vital things written on brief in appointment letter or offer letter, they are bound to follow it.
Here, communication is the only key. Your friend should reach out to his manager or the HR department and try to convince them. Needless to say, this is not going to be easy. So, ask him to have lots of patience till he gets his work done.
Hope this answer helps your friend.
Also Know about How To Stop Candidates From Backing Out During the Notice Period?
From India, Noida
Hi,
Serving for entire Notice Period is entirely a prerogative in the hands of Employer that they can use it either in the interest of the company or in some cases to harass the employee which is sheerly unethical. It all depends upon employee - employer relations. Value driven organisations do not come in the way of employees' career prospects and their relieving is done as per individual's choice. However, the best way is to amicably handle such situations as the employee is always at the disadvantageous situation.
Organisations who have a transparent and robust system deal it more practically.
JSM
From India, New Delhi
Serving for entire Notice Period is entirely a prerogative in the hands of Employer that they can use it either in the interest of the company or in some cases to harass the employee which is sheerly unethical. It all depends upon employee - employer relations. Value driven organisations do not come in the way of employees' career prospects and their relieving is done as per individual's choice. However, the best way is to amicably handle such situations as the employee is always at the disadvantageous situation.
Organisations who have a transparent and robust system deal it more practically.
JSM
From India, New Delhi
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