Hi,
I am working in MNC, having almost 6 years of experience. I joined my present employer on Dec 2009 and, due to personal reason, I have decided to get release from my company. My notice period was 1 month based on offer letter.
On May 2010, Company sent advisory mail stating that notice period has been revised to 3 months for all employees and the same would be effective from June, 2010.
When I resigned from my present employer after June, 2010, HR told me that 3 months of notice period are mandatory. Meanwhile, I have got release form my client and my Supervisor, and I will be on bench for rest of 2 months. Therefore, I asked my HR to release me and I will pay the compensation amount in lieu of Notice Period. My HR is stating that this decision has been taken at organization level and Organization is not accepting any buy-out in lieu of notice period.
Can Company hold employees based on such stubborn decision? Because buyable option is available based on offer letter, I would eagerly opt for the same but HR is telling that company is not ready to take the amount rather company will take the cost overrun and pay my salary.
I do not understand whether there is any way to get release from my company. They also told me that if I go and join somewhere else they will sue me stating “dual employment” even though I have already resigned from my present company. Can Company sue employee even after resignation? I have already stated my consent, then why would company hold me and jeopardize my career.
Please tell what to do?
From India, Madras
I am working in MNC, having almost 6 years of experience. I joined my present employer on Dec 2009 and, due to personal reason, I have decided to get release from my company. My notice period was 1 month based on offer letter.
On May 2010, Company sent advisory mail stating that notice period has been revised to 3 months for all employees and the same would be effective from June, 2010.
When I resigned from my present employer after June, 2010, HR told me that 3 months of notice period are mandatory. Meanwhile, I have got release form my client and my Supervisor, and I will be on bench for rest of 2 months. Therefore, I asked my HR to release me and I will pay the compensation amount in lieu of Notice Period. My HR is stating that this decision has been taken at organization level and Organization is not accepting any buy-out in lieu of notice period.
Can Company hold employees based on such stubborn decision? Because buyable option is available based on offer letter, I would eagerly opt for the same but HR is telling that company is not ready to take the amount rather company will take the cost overrun and pay my salary.
I do not understand whether there is any way to get release from my company. They also told me that if I go and join somewhere else they will sue me stating “dual employment” even though I have already resigned from my present company. Can Company sue employee even after resignation? I have already stated my consent, then why would company hold me and jeopardize my career.
Please tell what to do?
From India, Madras
I too in similar situation, I am working with big pvt company.
On joning in company, the appointment letter states " On seperation - employee or employer can give three month notice OR payment in lieu of notice period"
On 2nd July - I have put my papers at 9:00 o'clock to my reporting manager but surprisingly he forwarded me one policy at 9:45 on mail dated 27th June stating "Payment in lieu of notice period is no longer permissible and employee must have to serve full three month notice period"
I have already finalized the deal with new employer and commited to join withing 1 -1.5 month. They also agreed to compensate the payment made against notice period. (I was sure because of clause in appointment letter and recent examples)
Now I am in big fix - new company want me to joing in 1.5 month max (as agreet earlier) and with releiving letter
Old company - stating big NO for leaving me before 3 months (talked with HR as well as business head without luck) and showing the policy - which I was not aware of.
Now a days - companies are playing with policies and forcing to serve notice duration.
From India, Mumbai
1On joning in company, the appointment letter states " On seperation - employee or employer can give three month notice OR payment in lieu of notice period"
On 2nd July - I have put my papers at 9:00 o'clock to my reporting manager but surprisingly he forwarded me one policy at 9:45 on mail dated 27th June stating "Payment in lieu of notice period is no longer permissible and employee must have to serve full three month notice period"
I have already finalized the deal with new employer and commited to join withing 1 -1.5 month. They also agreed to compensate the payment made against notice period. (I was sure because of clause in appointment letter and recent examples)
Now I am in big fix - new company want me to joing in 1.5 month max (as agreet earlier) and with releiving letter
Old company - stating big NO for leaving me before 3 months (talked with HR as well as business head without luck) and showing the policy - which I was not aware of.
Now a days - companies are playing with policies and forcing to serve notice duration.
From India, Mumbai
For both of you............
Any such kind of notices (in ammendment) should be communicated to Employees in written or in any other manner which is ready to put to proof, otherwise they are not acceptable. This is a the ethics and policy which every company follows
From India, Hyderabad
Any such kind of notices (in ammendment) should be communicated to Employees in written or in any other manner which is ready to put to proof, otherwise they are not acceptable. This is a the ethics and policy which every company follows
From India, Hyderabad
Dear
The notice period cannot be changed without mutual agreement. Therefore your offer for buying out the notice period itself is a genuine one. Dual employment will arise only when you are working.
Please consult a lawyer in your home town and send a legal notice enclosing the Demand draft for your buy out notice period. This will close the issue and your lawyer can also ask for the relieving letter. Even if the don't issue the relieving letter then with legal notice and proof of payment your fair play can be easily proved.
With Regards
E-mail :
Mobile : 9025792684
From India, Bangalore
The notice period cannot be changed without mutual agreement. Therefore your offer for buying out the notice period itself is a genuine one. Dual employment will arise only when you are working.
Please consult a lawyer in your home town and send a legal notice enclosing the Demand draft for your buy out notice period. This will close the issue and your lawyer can also ask for the relieving letter. Even if the don't issue the relieving letter then with legal notice and proof of payment your fair play can be easily proved.
With Regards
E-mail :
Mobile : 9025792684
From India, Bangalore
Thanks Rajan for your invaluable input.
Couple of things I would like to mention here.
1) In my offer letter, it is written that "I will abide by any change in policy that would be taken based on business need". Though such clauses are arguable but compnay can easily aggrandize any rule and regulation based on such clauses. Signing to any such clause also reserves rights to company so as to when and how rules will be changed.
2) Is there any regulation on notice period based on service periods? If a person has not served more than seven months, why would he serve a 3 months of notice period? A person can think of changing employer early only if he finds huge disappointment in work than what was proposed at the time of joining or serious personal issue. If both the scenario are true, how can an employer block that resource stating 3 months of Notice Period? I think regulations are made not for employees, but for employers. That's why several companies have different structures and clauses in offer letters. It's how they skin a cat.
This is very ridiculous that same company, which may be very particular about serving 3 months of notice period, is actually asking people to join within 15 days!!
@ratushar: As you are in same predicament, I think you can ask your new employer to stretch the joining time a bit.
Thnx
From India, Madras
Couple of things I would like to mention here.
1) In my offer letter, it is written that "I will abide by any change in policy that would be taken based on business need". Though such clauses are arguable but compnay can easily aggrandize any rule and regulation based on such clauses. Signing to any such clause also reserves rights to company so as to when and how rules will be changed.
2) Is there any regulation on notice period based on service periods? If a person has not served more than seven months, why would he serve a 3 months of notice period? A person can think of changing employer early only if he finds huge disappointment in work than what was proposed at the time of joining or serious personal issue. If both the scenario are true, how can an employer block that resource stating 3 months of Notice Period? I think regulations are made not for employees, but for employers. That's why several companies have different structures and clauses in offer letters. It's how they skin a cat.
This is very ridiculous that same company, which may be very particular about serving 3 months of notice period, is actually asking people to join within 15 days!!
@ratushar: As you are in same predicament, I think you can ask your new employer to stretch the joining time a bit.
Thnx
From India, Madras
@Psaha : Thanks, I have tried talking to my new employer - they are ready to two months but 3 months are not acceptable. Infact, in my case - I was not aware and informed about such changes in notice period while accepting offer from new employer or even time of putting my papers.
Now they came up with policy and forcing me to follow that.
@VS Rajan - as suggested by you, I am trying to talk with some labout law consultant and get my fundamental clear before (this time) I talk with my current company.
I am looking for good consultant in Mumbai - share if anyone is aware of.
From India, Mumbai
Now they came up with policy and forcing me to follow that.
@VS Rajan - as suggested by you, I am trying to talk with some labout law consultant and get my fundamental clear before (this time) I talk with my current company.
I am looking for good consultant in Mumbai - share if anyone is aware of.
From India, Mumbai
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