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kavya-radhakrishnan
If an employee has 90 days notice period and wants to buy out 60 days - Can the employer deny the buyout?
From India, Mumbai
Madhu.T.K
4193

Leave is not a right for employees not coming under the purview of ID Act. But if your employer is okay with that arrangement, he can permit you to get relieved in 30 days adjusting your 60 days' leave against the notice period.
From India, Kannur
KK!HR
1530

The employer has the discretion to accept or deny the buy-out option in toto or partially. Suggest approaching the employer with your offer.
From India, Mumbai
NK SUNDARAM
578

This is for the employer: Once a guy submits the resignation, it is always better to release the employee as early as possible. It is possible, the guy may influence a few more colleagues to leave the job, he may sit idle, spoil the productivity of others, and may also steal database of customers, create bias and prejudice against the employers in social circles etc etc. HR and the management can quickly find alternatives by transferring somebody from another department or another unit and release the guy at the earliest. Let the employee leave at the earliest, in a positive frame of mind. In fact I have written articles in Linkedin also to the effect that, they can be given a Fare Well Kit on the last day with some goodies and a letter signed by the CEO wishing him good luck. This does not cover employees who leave under the cloud for unethical business practices. Such initiatives will go a long way in creating a positive mindset about the company as well !
From India
vmlakshminarayanan
919

Hi,

It depends on the roles and responsibilities of the resigned employee and availability of replacement. If the roles and responsibilities are crucial for the operations of the Organisation, then obviously employer will deny salary in lieu of notice period.

From India, Madras
alok-singh1
78

Dear Kavya,
The applicable labour codes usually prescribe a notice period of 30 days and the purpose of Notice period is to ensure that there is no abrupt discontinuity of an assigned role or job in the organisation and creating a negative impact to business.
There is no way that the employer can force any employee to serve the full notice period so it would be better that you handle it smoothly and i think 60 days is enough therefore you can allow to buy rest choice is your's.


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