sachin_dops4uI am working in a MNC and want to leave the company in month while my Notice priod is 3 months.
In My Offer Letter Point Under Notice Period Says As Follows.
If you intend to leave the services of the Company, you are required to give 90 days prior notice in writing or Notice Pay in lieu thereof and vice-versa. The acceptance of Notice Pay, if you intend to leave early, shall be at the sole discretion of the Management.
Now company is forcing me to serve 90 days notice period and not agree to buy out option. Please help me out.
From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
International Corporate Trainer / Hr (od)
Insolvency N Gst Professional
manphoYes, it is the discretion of Management. Diplomacy is the only option to the buy the notice period.
From India, Bangalore
NK SUNDARAMIn your anxiety to land in a job, candidates blindly sign the offer letter. Only when they are in a hurry to leave the job for a better job, for whatever reason, they read the appointment letter in detail. Like the candidates have their own justification and compulsion to leave the organisation, why they do not realise that the organisation too has compulsions of their own to keep the employee on rolls. It is the organisation which gives salary and so they have every right to impose the conditions. You signed the appointment letter willingly and hope there was no coercion. Best way, as recommended by our professional friends above, is to be diplomatic, go soft, request them to relieve you soon.
Prakritish BagchiThere are some laws of the land. some of my friends have bluntly taken the part of employer, in this case. But in my view, one can not enter into any contract which is void abinitio (from the beginning). In this case the paragraph under question, is contradictory itself. In one side it is saying that the notice pay can be of either side, and in other side it is saying that, acceptance of notice pay is on sole discretion of the management. I think, under this circumstance, if Mr. Sachin wants to give up his service, he can do so. The labour law is always in favour of employee and he can win in this case. Backing by this, it is always desirable, to settle the issue amicably to save the time. Entering into the law is always shall be secondary and optional.
From India, Calcutta
nathrao""If you intend to leave the services of the Company, you are required to give 90 days prior notice in writing or Notice Pay in lieu thereof and vice-versa. The acceptance of Notice Pay, if you intend to leave early, shall be at the sole discretion of the Management.""
This clause is perfectly legal and not in anyway ab initio void.
From India, Pune
Prakritish BagchiThen what does it mean? "If you intend to leave the services of the Company, you are required to give 90 days prior notice in writing or Notice Pay in lieu thereof and vice-versa."
In my view, it means, If Mr,. Sachin wants to leave service, either he has to serve and perform for next 90 days and if he wants to leave without serving notice then he has to pay the company, notice pay for 90days.
In other hands, company can also give notice to Mr. Sachin to leave service by giving 90 days notice else notice pay in lieu of.
Here 'acceptance of notice period by the management' appears to mean, Mr. Sachin can serve notice for 90 days, but whether the company will allow him to perform for next 90 days, after service his notice, is the sole discretion of the management. And in that case the company has to pay him for the balance (notice) days, if it does not allow him to perform his notice days.
From India, Calcutta