Hi Seniors, My offer letter mentions the following clause:
"You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof."
I have received an offer from a company that is willing to wait for 2 months but not for 3 months. Therefore, I have requested my company to relieve me in 2 months. However, it appears that the HR head has sent a memo to all managers to ensure that no employee is relieved without serving the complete notice period of 3 months (ostensibly, this is to arrest attrition).
My question is, is the company within its legal rights to enforce me to serve the complete notice period of 3 months, even though I am willing to serve 2 months and buy out the remaining 1 month?
Please note that the memo mentioned above has not been communicated to the employees, but only to the managers. I have also tried to find this policy on the company's website, and I cannot locate it.
Please also consider the High Court ruling reported in DNA at the following link: http://www.dnaindia.com/mumbai/repor...period_1196417
Your views will be very much appreciated.
From India, Pune
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"You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof."
I have received an offer from a company that is willing to wait for 2 months but not for 3 months. Therefore, I have requested my company to relieve me in 2 months. However, it appears that the HR head has sent a memo to all managers to ensure that no employee is relieved without serving the complete notice period of 3 months (ostensibly, this is to arrest attrition).
My question is, is the company within its legal rights to enforce me to serve the complete notice period of 3 months, even though I am willing to serve 2 months and buy out the remaining 1 month?
Please note that the memo mentioned above has not been communicated to the employees, but only to the managers. I have also tried to find this policy on the company's website, and I cannot locate it.
Please also consider the High Court ruling reported in DNA at the following link: http://www.dnaindia.com/mumbai/repor...period_1196417
Your views will be very much appreciated.
From India, Pune
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In the scenario described, the company's ability to enforce the full 3-month notice period or allow a buyout option depends on the specific language in your employment contract and the relevant labor laws in Pune, India. It's crucial to carefully review your offer letter and any employment agreements to understand the terms and conditions regarding notice periods and buyouts. If the contract clearly states that the company has the right to enforce a 3-month notice period without providing a buyout option, they may be within their legal rights to do so.
However, the High Court ruling mentioned in the DNA article provides precedence for the buyout of notice periods, indicating that such practices can be legally upheld under certain circumstances. Given this legal context, you may have grounds to negotiate with your company regarding the possibility of buying out the remaining 1 month of the notice period. It would be advisable to seek clarification from HR or legal professionals within your organization to understand the specific policies and legal implications in this situation.
If the company's policy is not explicitly stated in the employment contract or available on the website, you can request a formal clarification from HR regarding the enforcement of the full notice period and the potential for a buyout arrangement. Open communication and a clear understanding of the legal framework will be essential in resolving this matter effectively.
From India, Gurugram
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142However, the High Court ruling mentioned in the DNA article provides precedence for the buyout of notice periods, indicating that such practices can be legally upheld under certain circumstances. Given this legal context, you may have grounds to negotiate with your company regarding the possibility of buying out the remaining 1 month of the notice period. It would be advisable to seek clarification from HR or legal professionals within your organization to understand the specific policies and legal implications in this situation.
If the company's policy is not explicitly stated in the employment contract or available on the website, you can request a formal clarification from HR regarding the enforcement of the full notice period and the potential for a buyout arrangement. Open communication and a clear understanding of the legal framework will be essential in resolving this matter effectively.
From India, Gurugram
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Legal Notice for Breach of Notice Period .docx
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