Resignation Notice Period Buy-out Option - CiteHR
Rasharma77
Sr. Software Engineer

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Hi,
I have resigned from my company on last monday i.e 11th Feb 2013 and i have asked them last date for 19th march 2013. But as per my contract my releaving period is of 3 months.
But my manager is not ready to leave , he is putting unnecessary mental pressure on me to complete the project . He says that I will have to serve 3 months completely. He is doing this purposely.
I got 25 annual leaves pending with me as well i have asked them for notice period buy-out option but they are not ready to compensate.
My problem is i am relocating to Singapore permanently, my wife got permanent transfer to Singapore and she is traveling on 5th march 2013 and she is 2 month\'s pregnant and it becomes utmost important for me to be present with her.
The company which i am joining want me to join by 21st of March 2013 and not later than this and they want releaving letter for sure.
I want to buy-out the notice period Please help me out with any suggestion what i can do.
My offer letter has
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Dear Member
Your query is clear but your details are incomplete. Please provide the terms and conditions of your appointment letter which will give a clear direction as to the provision of buy out of notice period.
Secondly get an acknowledgement on your resignation letter. If you have not mentioned in the resignation letter about your exact date of relieving as well as your willingness for payout then put up a follow-up letter to your resignation letter stating the above mentioned facts and take an acknowledgement of the same.
You can always keep your future employer posted about the status and also inform them of likely hood of non-availability of relieving letter.
Best of Luck
Regards
Preetam Deshpande
Hi Preetam,

Thanks for your response,

Please find complete details

Hi,

I have resigned from my company on last monday i.e 11th Feb 2013 and i have asked them last date for 19th march 2013. But as per my contract my releaving period is of 3 months.

But my manager is not ready to leave , he is putting unnecessary mental pressure on me to complete the project . He says that I will have to serve 3 months completely. He is doing this purposely.

I got 25 annual leaves pending with me as well i have asked them for notice period buy-out option but they are not ready to compensate.

My problem is i am relocating to Singapore permanently, my wife got permanent transfer to Singapore and she is traveling on 5th march 2013 and she is 2 month's pregnant and it becomes utmost important for me to be present with her.

The company which i am joining want me to join by 21st of March 2013 and not later than this and they want releaving letter for sure.

I want to buy-out the notice period Please help me out with any suggestion what i can do.

My offer letter has below clause:

Termination

During the period of probation, your employment is terminable either at your option or the option of the Company by giving prior written notice of 30(thirty) days to the other. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. After confirmation of your employment, either the Company or you may decide to terminate the employment by giving a 90 (Ninety) days prior written notice. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. However, in the event of gross misconduct or commission of a serious breach by you, without prejudice to any other rights the Company may have, the Company is entitled to terminate your employment with immediate effect with or without prior notice. Your have taken up employment with the Company at your “will’ and you understand and agree that it is for no specified term. There are no representations or promises that your employment will continue for a specific period or will be terminated only under particular circumstances. Breach by you of any of the above conditions of this offer or those in any of the Annexure hereto or Company Policies, IIA, will render your service liable to termination without any notice or payment in lieu of such notice. In the event of termination of services, the Company shall be entitled to offset payment of any allowance / advances, leave, any amount that you owe the Company,etc., against salary due and or any other amount due to you and to withhold amounts that may be required by the relevant authorities.

Regards,

Rahul
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