I resigned from my current organization on 08/18/2015. My last Working Day (after adjustment of leaves) is turning out to be 10/06/2015. However, I want to be relieved on 09/25/2015 as I have to join a different organization on 09/28/2015. So I went to my manager and HR seeking for the option of buying out remaining days of notice period (11 days). But my manager and HR both declined me the option of buying out the notice period and told me that I would have to serve complete 60 days of notice period and my LWD would remain 10/06/2015, else I would not get my relieving letter. My offer letter has the following verbiage:

9. Separation from the company

a. The retirement age of the Company is 58 years. At the time of formally resigning from service you

shall serve the 60 days of Notice Period.

b. When you formally resign from the service of the Company, the Company may, at its discretion,

permit you to

i. Adjust the vacation leave accumulated toward part of the notice period.

ii. Pay up for the notice period in lieu thereof on your Annual Gross Compensation.

c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance

or any other disciplinary matter, the Company will pay your salary for the Notice Period starting from

the date on which Company informs you of such matter. If the termination of services is for reasons

mentioned in 1 (a) above, no salary is payable for the Notice Period.

Question: Is my manger and HR right in saying that I don't have an option of buying out my notice period and it is there choice to decide how they want me to leave i.e. either by buying out or serve the full notice period.

What option do I have as an employee in this situation. Can labor court help me in this? All suggestions are welcome. Thanks.

From India, Delhi
Ashutosh Thakre
273

HR Professional
Dear Anup,
The wording is very clear in the appointment letter. The company may allow you the option of buy out. There is nothing that the labor court can help you in this.
The buy out clause is kept with the company as otherwise the intellectual knowledge with the people will just not be translated. It is for the knowhow of the processes and the systems and the sufficient time needed for someone else to join that the buyout option is generally at the disposable of the company. They can accept the same or can ask you to be present physically so that the work is not hindered.
The only option is to convience the reporting manager to releive you early.
Regards,
Ashutosh Thakre

From India, Mumbai
Your date of release is at their sole discretion. Labour court can't do anything. But if you try not to serve whole notice period and leave the organization before 11 days, you may not get release order from your organization.
PS: Use dates in this format. dd/mm/year.
It will be better if you write month in English word rather than in numbers.

From India, Kolkata
DEAR ASHUTOSH
normally it is good to leave a company with good terms so that their doors are always open for your return. but even though the buy up is kept at company's discretion , generally the management likes to separate with an employee with a warm hand shake . the HR may have their opinion please raise the level and talk to the management. secondly try and fix up with your new organisation to give you few more days. i am sure you are quality intake they will support you.
lastly the relieving letter is a PAPER with no major value in life. as long as your cash dues are settled , you can quit any day remember no management takes every case to court and that too for 11 days gap. they have to lose more money doing it.
sum up
1. discuss with high ups as VP , President
2. try with new org
3. say bye and move to new unit if you HAVE TO .
blessings
dr ram

From India, Indore
asbhat
51

finance head, chartered accountant (retired)
If the new company has background verification process in place, then you will need a relieving letter from your present company. So before saying good bye to the present company tell them that you may not get relieving letter. If they agree you can join the new company.
A S Bhat

From India, Pune
tajsateesh
1626

Recruitment/Talent Acquisition, Career counselling & Startup Advisory Services
Hello
Anoop Pal,
Like other members pointed-out, "........the Company may, at its discretion, permit you to................." is crystal-clear on the legal position.
When you had such clarity from Day-1 in this Company about the NP Rules, on WHAT basis did you commit to join earlier than the Relieving Date in the new Company?
You seem to have made your own set of assumptions & now ask for ways to handle your Boss & HR?
I can see ONLY ONE solution.......rather than spending time to convince your boss & HR HERE, better speak to the new Company's HR & explain the situation & ask for more time. IF you have done the Interview very well [pl note that getting an Offer does NOT mean that one is superlative], they might agree. Usually HR calculates that even IF they have to begin the hiring process again, they would surely need more time than in the case of waiting for you a few more days. Hope you get the point.
All the Best.
Rgds,
TS

From India, Hyderabad
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