Dear Members ,
I have resigned from my present firm due to personal reasons and gave them 30 days of notice ,as per an agreement signed by me they have cited the mandatory notice period as 90 days ,based on that I asked them to take 1 month notice period and 2 month buyout(mentioned in agreement 3 months notice or 3 months salary) .
They have refused this option and have put my salary on hold ,which they are saying will be adjusted in F&F .I have asked them time and again to release my salary or adjust the same in buyout but they are refusing it.
Informally they have threatened me that if i don't serve the mandatory notice period they will create problems in my paper work.I have not been paid for 2 months now .
Can they put my salary on hold for so long ? What option I have as it's getting difficult to continue working here.
Kindly suggest me some way options .
Thanks
Alka
From India, Noida
I have resigned from my present firm due to personal reasons and gave them 30 days of notice ,as per an agreement signed by me they have cited the mandatory notice period as 90 days ,based on that I asked them to take 1 month notice period and 2 month buyout(mentioned in agreement 3 months notice or 3 months salary) .
They have refused this option and have put my salary on hold ,which they are saying will be adjusted in F&F .I have asked them time and again to release my salary or adjust the same in buyout but they are refusing it.
Informally they have threatened me that if i don't serve the mandatory notice period they will create problems in my paper work.I have not been paid for 2 months now .
Can they put my salary on hold for so long ? What option I have as it's getting difficult to continue working here.
Kindly suggest me some way options .
Thanks
Alka
From India, Noida
you need to go through the terms of employment that is stated both in your appointment letter and in standing orders (if applicable) or in the HR Manual / Employee Handbook (if there is no standing orders).
It is not necessary that the management will agree to a buy out (unless stated as mandatory in the terms of employment). So they can refuse to agree to a buy out. Since you have apparently stopped attending office after 30 days without approval and without a handover / relieving, they are within their rights to with hold your salary. There is no law that will compel them to pay this amount where you have absconded and not completed your notice period.
They are also free to refuse a relieving letter and to give a negative feedback during background / reference check in future. So it is always better to have a clean and mutually agreeable separation.
From India, Mumbai
2395It is not necessary that the management will agree to a buy out (unless stated as mandatory in the terms of employment). So they can refuse to agree to a buy out. Since you have apparently stopped attending office after 30 days without approval and without a handover / relieving, they are within their rights to with hold your salary. There is no law that will compel them to pay this amount where you have absconded and not completed your notice period.
They are also free to refuse a relieving letter and to give a negative feedback during background / reference check in future. So it is always better to have a clean and mutually agreeable separation.
From India, Mumbai
Hi,
As per the terms of your agreement, it is optional either to serve or to pay. That will always be in your favour.
But, it could be that after the agreemet made with you, company may have changed their notice policy and you will have to comply with the policy.
In this case you have two options : -
1. Try to negotiate with your current employer to get the relieving letter by doing the proper handover and submitting the compensation for remaining unserved notice period.
2. Communiate your next employer in well advance that untill you will serve 90 days notice, your current employer would not give relieving letter & may hold your full and final(Legally they can not hold) and also can give some wrong feedback regarding your in rference check.
From India, New Delhi
As per the terms of your agreement, it is optional either to serve or to pay. That will always be in your favour.
But, it could be that after the agreemet made with you, company may have changed their notice policy and you will have to comply with the policy.
In this case you have two options : -
1. Try to negotiate with your current employer to get the relieving letter by doing the proper handover and submitting the compensation for remaining unserved notice period.
2. Communiate your next employer in well advance that untill you will serve 90 days notice, your current employer would not give relieving letter & may hold your full and final(Legally they can not hold) and also can give some wrong feedback regarding your in rference check.
From India, New Delhi
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