I am currently working with a prominent company and resigned from the company two weeks ago. I have requested a waiver in my 90-day notice period of approximately 40 days. The reason for my resignation is to change the sector I am currently working in and seek out new opportunities. The reason for the early release is my scheduled travel (pre-booked) and a small medical procedure scheduled before the travel.
My partner (performance manager) is not willing to accept my early release despite offering the buyout of the notice period option. I have provided him with all the reasons, but he is still not ready to budge.
My appointment letter mentions the following in the termination clause:
"Upon your confirmation, either Party shall be free to terminate this Agreement at will and, at any time, with or without cause, upon ninety (90) days prior written notice by the Party desirous of terminating this Agreement or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company. In the event you exercise the option of terminating this Agreement within twelve (12) months from the date of joining, in addition to the ninety (90) days written notice or salary in lieu thereof or a combination thereof, you shall also be liable to reimburse the Company for any joining bonus paid to you by the Company at the time of your joining the employment of the Company."
I am aware that once I hand over all the assets and sensitive data to the company, the company cannot take any action against me except asking me to pay for the missed days in the Notice Period (which I am already ready to pay for). Please advise me on how to proceed with the same. I do not wish to stay in the company as I mentally cannot sustain in such an oppressive culture.
From India, New Delhi
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My partner (performance manager) is not willing to accept my early release despite offering the buyout of the notice period option. I have provided him with all the reasons, but he is still not ready to budge.
My appointment letter mentions the following in the termination clause:
"Upon your confirmation, either Party shall be free to terminate this Agreement at will and, at any time, with or without cause, upon ninety (90) days prior written notice by the Party desirous of terminating this Agreement or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company. In the event you exercise the option of terminating this Agreement within twelve (12) months from the date of joining, in addition to the ninety (90) days written notice or salary in lieu thereof or a combination thereof, you shall also be liable to reimburse the Company for any joining bonus paid to you by the Company at the time of your joining the employment of the Company."
I am aware that once I hand over all the assets and sensitive data to the company, the company cannot take any action against me except asking me to pay for the missed days in the Notice Period (which I am already ready to pay for). Please advise me on how to proceed with the same. I do not wish to stay in the company as I mentally cannot sustain in such an oppressive culture.
From India, New Delhi
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Dear friend,
Such a flat refusal of your employer, banking upon the discretionary clause of the contract of employment, is highly deplorable apart from being viewed as a very calculated move of defeating the purpose of the notice clause. A discretion conferred upon the employer as a party to the contract of employment stands impliedly defined in terms of equity and fair play in the matter of the execution of the contract. Any stern argument from your end in this regard may result in making their stand more rigid. A bold decision of simply paying the notice salary and walking out dictated by the circumstance may even be legally sustainable, but it may tell upon your future career. So, it is better to make a polite representation to the CEO and convince him to accept your offer of a total buy-out. I think that yours must be a senior position in the hierarchy. Therefore, the transfer of charge like assets and valuable data is a two-way process, and you cannot just leave them on your table to be taken and simply walk out. Hence, this kind of precarious situation in employment always demands tactfulness and patience rather than giving room for any legal tussle in haste.
From India, Salem
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6185Such a flat refusal of your employer, banking upon the discretionary clause of the contract of employment, is highly deplorable apart from being viewed as a very calculated move of defeating the purpose of the notice clause. A discretion conferred upon the employer as a party to the contract of employment stands impliedly defined in terms of equity and fair play in the matter of the execution of the contract. Any stern argument from your end in this regard may result in making their stand more rigid. A bold decision of simply paying the notice salary and walking out dictated by the circumstance may even be legally sustainable, but it may tell upon your future career. So, it is better to make a polite representation to the CEO and convince him to accept your offer of a total buy-out. I think that yours must be a senior position in the hierarchy. Therefore, the transfer of charge like assets and valuable data is a two-way process, and you cannot just leave them on your table to be taken and simply walk out. Hence, this kind of precarious situation in employment always demands tactfulness and patience rather than giving room for any legal tussle in haste.
From India, Salem
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Thank you Umakanthan Sir. I agree with you and completely understand that things must go the amicable route to avoid any legal repercussions that may occur.
Having said that, I would also like to bring to notice that I have completed all my knowledge transfer and deliverables. I have no work whatsoever. The reason for my resignation is not new employment but to come out of the current one and start afresh in whatever way favourable.
I certainly won’t be handling over the assets randomly but would go to the helpdesk of the company to complete the formalities.
I have been trying for 15 days to make peace with my partner but the partner is forceful and that is something that I cannot stand anymore. In a one sided contract , one cannot be assertive to this extent.
I don’t plan to abscond from the company but given the hardships, I want to understand my other options.
From India, New Delhi
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Having said that, I would also like to bring to notice that I have completed all my knowledge transfer and deliverables. I have no work whatsoever. The reason for my resignation is not new employment but to come out of the current one and start afresh in whatever way favourable.
I certainly won’t be handling over the assets randomly but would go to the helpdesk of the company to complete the formalities.
I have been trying for 15 days to make peace with my partner but the partner is forceful and that is something that I cannot stand anymore. In a one sided contract , one cannot be assertive to this extent.
I don’t plan to abscond from the company but given the hardships, I want to understand my other options.
From India, New Delhi
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I understand, my dear friend. It is an irrefutable fact that in certain precarious situations we stand perplexed when any two options present before us are seemingly correct from their perspectives respectively. Only our gut feelings can guide us to choose the most appropriate one. Therefore, you may either push the garden leave by neck till the expiry of the actual notice period or quit the job forthwith by paying the notice salary. There is an adage - "No one can give you better advice than yourself!".
From India, Salem
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From India, Salem
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Dear friend,
In your appointment letter, the clause "or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company" remains as a hurdle for your buyout option. Instead of worsening the case or to save yourself from an ego clash, approach the highest authority to consider your plea. The suggestion of Mr. Umakanthanji is right and justified.
From India, Mumbai
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In your appointment letter, the clause "or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company" remains as a hurdle for your buyout option. Instead of worsening the case or to save yourself from an ego clash, approach the highest authority to consider your plea. The suggestion of Mr. Umakanthanji is right and justified.
From India, Mumbai
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Company Letter for Completion 01 Month Notice.docx
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