Can an employer sue an employee who refuses to serve the entire notice period and instead offers to buyout the remaining notice period.They have a clause in the offer letter that it is on their discretion to agree to waive the notice period.I am in a similar situation where I have offered to b.uyout the notice period and I am determined to leave the company with or without the relieving letter. As I am still in the probation period and resigned within 3 months this experience is not very impotant for me.plus the next employer wants me to join early.
The company is adamant on not relieving me.It seems that they may try and cause problems for me as the head of my team has taken it very personally. Can they legally try to effect my career???What are the risks in quitting without relieving and joining the next employer.Please help with some legal advice-.........
From India, Ahmedabad
The company is adamant on not relieving me.It seems that they may try and cause problems for me as the head of my team has taken it very personally. Can they legally try to effect my career???What are the risks in quitting without relieving and joining the next employer.Please help with some legal advice-.........
From India, Ahmedabad
Check your appointment conditions. Normally, NP during probation period is minimum. If buy out option is not explicitly written and agreed upon, you will have to serve the NP as enshrined in the employment contract.
Pon
From India, Lucknow
604Pon
From India, Lucknow
Thanks Pon, As per offer letter....a notice period of 3 months is mentioned even during probation....if the company agrees for early relieving then the notice period can be bought out...however as per the offer letter it is at their discretion to accept the buyout .Given this scenario what are the risks in leaving the job without serving the complete notice period in case they do not accept the buyout money. Please advice.
From India, Ahmedabad
From India, Ahmedabad
Hello Rizwiraj,
Like Pon mentioned, you will be governed by the Terms in the Appointment Letter.
However much you may not relish this......I think you SHOULD HAVE made this calculation/exercise/analysis/check BEFORE you accepted the other Offer. Or did you just PRESUME THAT NOTHING WILL HAPPEN?
The standard line/phrase 'at the Company's discretion' exists for every Company. So your Company isn't the odd-man out.
Coming to your apprehensions whether the Company can adversely effect your career....the answer is BOTH Yes & No. It all depends on 'how they view the situation'.
Legally, you will already be on the wrong-side, if you quit without serving the NP.
The Company also has the chance to respond to any Background Check Enquiries later in your career--not just the next one you join.
And in case, you do not wish to show this experience, one never knows what CAN happen in the future--after all the World's a small place & you might bump into the very same set of people later in your career. There wouldn't be a Right/Wrong answer to this scenario--it's upto you whether to take a chance or not.
Rgds,
TS
From India, Hyderabad
Like Pon mentioned, you will be governed by the Terms in the Appointment Letter.
However much you may not relish this......I think you SHOULD HAVE made this calculation/exercise/analysis/check BEFORE you accepted the other Offer. Or did you just PRESUME THAT NOTHING WILL HAPPEN?
The standard line/phrase 'at the Company's discretion' exists for every Company. So your Company isn't the odd-man out.
Coming to your apprehensions whether the Company can adversely effect your career....the answer is BOTH Yes & No. It all depends on 'how they view the situation'.
Legally, you will already be on the wrong-side, if you quit without serving the NP.
The Company also has the chance to respond to any Background Check Enquiries later in your career--not just the next one you join.
And in case, you do not wish to show this experience, one never knows what CAN happen in the future--after all the World's a small place & you might bump into the very same set of people later in your career. There wouldn't be a Right/Wrong answer to this scenario--it's upto you whether to take a chance or not.
Rgds,
TS
From India, Hyderabad
Dear Raj,
The Company has the fully power to reject the buyout... The justified argument from the company side is that they ae not after money, but the person's knowledge that needs to be transplanted to the new joinee. Therefore they would require you to serve full 3 months notice. They can also term you absconding and are free to take a legal action against you.
Why do you think you joined the company, if you now feel that the experience is not relevant. Don't take career so lightly... this will surely affect in the long run..
Regards,
Ashutosh Thakre
From India, Mumbai
The Company has the fully power to reject the buyout... The justified argument from the company side is that they ae not after money, but the person's knowledge that needs to be transplanted to the new joinee. Therefore they would require you to serve full 3 months notice. They can also term you absconding and are free to take a legal action against you.
Why do you think you joined the company, if you now feel that the experience is not relevant. Don't take career so lightly... this will surely affect in the long run..
Regards,
Ashutosh Thakre
From India, Mumbai
Please help
Clause in Offer letter ---"Can be terminated either by you or by the company by giving notice of three month or payment in lieu thereof on either side"
Can company legally refuse my request of notice period payout
From India, Hyderabad
Clause in Offer letter ---"Can be terminated either by you or by the company by giving notice of three month or payment in lieu thereof on either side"
Can company legally refuse my request of notice period payout
From India, Hyderabad
Hello Shanu,
The Operative/Key phrase in the Clause is: "Can be.................".
'Can' ALSO indicates the possibility of 'cannot'-----right?
Now you know how good or bad is English language--where one could play with words? :-)
So, in case you are thinking of resigning & using this clause, suggest keep all your options open.
Best would be negotiate with the new Company that your Notice Period is 3 months & you can try for earlier Relieving, but you can't commit right now. So mentally prepare them for the Worst-case-Scenario--which is 3 months. If that's not OK with them, then YOU need to take the Final Call--whether to accept such an Offer and take a chance OR look for other opportunities where your situation is viewed REALISTICALLY.
All the Best.
Rgds,
TS
From India, Hyderabad
The Operative/Key phrase in the Clause is: "Can be.................".
'Can' ALSO indicates the possibility of 'cannot'-----right?
Now you know how good or bad is English language--where one could play with words? :-)
So, in case you are thinking of resigning & using this clause, suggest keep all your options open.
Best would be negotiate with the new Company that your Notice Period is 3 months & you can try for earlier Relieving, but you can't commit right now. So mentally prepare them for the Worst-case-Scenario--which is 3 months. If that's not OK with them, then YOU need to take the Final Call--whether to accept such an Offer and take a chance OR look for other opportunities where your situation is viewed REALISTICALLY.
All the Best.
Rgds,
TS
From India, Hyderabad
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