Hi,
I had joined this MNC IT company 2 months back.I had to put my resignation due to problems in my family because of which it was not possible in my end to serve the complete 3 month notice period.
I had given a 15 day notice and I was willing to extend it and serve one month and pay the shortfall of the remaining 2 months but my manager is stating that I have to stay back till a replacement of me is found.
Actually my staying back will cause irreversible damages to my marriage and I am not ready for that but the management is not understanding this case.
In the offer letter the following statement was mentioned:\" Your employment with the company can be ended by either party by giving 90 days written notice or 3 month\'s gross salary in lieu thereof. The company reserves the right at its sole discretion to release you from services of the company only after satisfactory handover of the responsibilities assigned to you.\"
Please help me in understanding if an employer can force me to stay back and serve the notice period or wait till a replacement of me is found(even when there are back ups in my team itself) at the cost of my marriage.
Can they take any legal action against me if I leave on the requested last working day without approval from their end?
From India, Mumbai
I had joined this MNC IT company 2 months back.I had to put my resignation due to problems in my family because of which it was not possible in my end to serve the complete 3 month notice period.
I had given a 15 day notice and I was willing to extend it and serve one month and pay the shortfall of the remaining 2 months but my manager is stating that I have to stay back till a replacement of me is found.
Actually my staying back will cause irreversible damages to my marriage and I am not ready for that but the management is not understanding this case.
In the offer letter the following statement was mentioned:\" Your employment with the company can be ended by either party by giving 90 days written notice or 3 month\'s gross salary in lieu thereof. The company reserves the right at its sole discretion to release you from services of the company only after satisfactory handover of the responsibilities assigned to you.\"
Please help me in understanding if an employer can force me to stay back and serve the notice period or wait till a replacement of me is found(even when there are back ups in my team itself) at the cost of my marriage.
Can they take any legal action against me if I leave on the requested last working day without approval from their end?
From India, Mumbai
dear friend,
You can end up giving three months notice period or three months pay in lieu of and end up the relation, the second part is reserving the right that is you did not have the right to end up unless the company desired so, and these statements are contradictory to one another, when you pay your relationship with the company ends and there is no secondary part of again they have the right to decide. Thus, rather than serving for one month or 15 days etc... better get relief by paying three months pay and end the relation. And collect the salary for the days you have served or if the company/organisation fails to give you the salary better as you have mentioned remit the balance of amount and end the relation...
best of luck ...
From India, Arcot
175You can end up giving three months notice period or three months pay in lieu of and end up the relation, the second part is reserving the right that is you did not have the right to end up unless the company desired so, and these statements are contradictory to one another, when you pay your relationship with the company ends and there is no secondary part of again they have the right to decide. Thus, rather than serving for one month or 15 days etc... better get relief by paying three months pay and end the relation. And collect the salary for the days you have served or if the company/organisation fails to give you the salary better as you have mentioned remit the balance of amount and end the relation...
best of luck ...
From India, Arcot
Hi Nuts,
The clause also says
The company reserves the right at its sole discretion to release you from services of the company only after satisfactory handover of the responsibilities assigned to you.\"
So it is better to discuss with your HOD & convince him or her. The policies of a company is made by the people & for the people. So the management can decide on case to case basis. However any company will think twice before taking decisions because this will create a way to the existing employees. So they will be careful in deciding your case.
However if any recommendation from your HOD can be given to the management, I think thay may works. Orelse whatever Mr.Gopinath suggested will also work if money is not a matter for you.
Please share your opinion.
Thanks
Devi Balaji
From India, Madras
The clause also says
The company reserves the right at its sole discretion to release you from services of the company only after satisfactory handover of the responsibilities assigned to you.\"
So it is better to discuss with your HOD & convince him or her. The policies of a company is made by the people & for the people. So the management can decide on case to case basis. However any company will think twice before taking decisions because this will create a way to the existing employees. So they will be careful in deciding your case.
However if any recommendation from your HOD can be given to the management, I think thay may works. Orelse whatever Mr.Gopinath suggested will also work if money is not a matter for you.
Please share your opinion.
Thanks
Devi Balaji
From India, Madras
Dear Nuts
Mr Gopi Nath and Mr/Ms Devi bala rightly explained what to do and what not ...Your employer is not wrong....They wested some time to appoint you....Why they will consider you ?? We all knows that marriage is also an important part of our life....3 months is not 3 or 30 years .....no marriage can be destroyed for only 90 days.....Like employment , marriage is also a common understanding between couples......convincing your family is more easy....try to convience your family......Company will not act according to your choice, you have to act according to the company rules.... I don't know the real situation you are facing in your family..but Lastly I can say if a marriage can be destroyed due to this small issue...then you should destroy it by your own hand for your better career..You can get even more better once your career shines...
Sorry if I hurt you......
From India, Kolkata
Mr Gopi Nath and Mr/Ms Devi bala rightly explained what to do and what not ...Your employer is not wrong....They wested some time to appoint you....Why they will consider you ?? We all knows that marriage is also an important part of our life....3 months is not 3 or 30 years .....no marriage can be destroyed for only 90 days.....Like employment , marriage is also a common understanding between couples......convincing your family is more easy....try to convience your family......Company will not act according to your choice, you have to act according to the company rules.... I don't know the real situation you are facing in your family..but Lastly I can say if a marriage can be destroyed due to this small issue...then you should destroy it by your own hand for your better career..You can get even more better once your career shines...
Sorry if I hurt you......
From India, Kolkata
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Company Letter for Completion 01 Month Notice.docx
Five Ways To..Serve Your Notice Period Responsibly.pdf