Notice period negotiation - will I get relieving letter? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
+1 Other

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Hi,
i have a question regarding the notice period.
As per my offer letter its been written that on completion of probabation period i have to give a notice period of 90 days in writting. Or company can terminate this contract either by giving 90 days of notice period or inlieu of salary.
so my question is i am in the postion where i can serve the notice period for 30 days and buy out the rest of the notice period. and walk off even they are not agreeing on 30 days notice period.
will i be getting the relieving letter.
Please help

Nothing sure can be said; it depends upon the discretion of your employer. The purpose of notice period is to avoid the likely practical inconvenience caused to both the employer and the employee in the event of unilateral separation. So, the question of buy-out has to be answered from the management's perspective for the simple reason that the cost of recruitment and training of a suitable substitute is always more than 2 or 3 month's notice salary.
Thanks for your help.
But if company is already planning to shift 2 people from my team to another one and there is no activity which is only dependent on me. And the training plan is not more then 15 days for the other folks in my team. Is it possible to buy out on the basis of above conditions. Please advise.

As you mentioned that 90 days notice period or salary in lieu of therof on separation . And it happeens generally in this way. Most of the seperation case are accomplished accordingly.
True that practically differents are seen in cases due to reasons as a few mentioned below:
a. any mutual contract (written or verbal) on the time of recruitment.
b. Critical positions ( shortage of suitable replacement)
c. Shifting to competitor's company

Above all, I think you should talk to your employer, inform your situation and convince them. I think this is the right way.
Best of Luck!
Regards,
Afsar

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