Current Employer Is Forcing Me To Serve 90 Days Of Notice Period - Any Remedy? - CiteHR
Bharat Gera
Principal Hr Consultant
Riteshmaity
Labour Law Advocate
Asifmech25
Territory Manager
+1 Other

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Hello,
I am Associated with one of the most reputed MNC, I have resigned recently.
Issue is the current employer is forcing me to serve 90 days of Notice period even after I am agree to pay the 2 months damage and to serve one month notice period,
(As far as company policy concern it is clearly mention over their that Either you have to serve 90 days or you can buyout, but it dependse upon the management decision ultimately)
What should I do, Should I go to Legal, If yes please suggest with Act...
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If notice buyout is mentioned in your termination clause, you have to convince your management about the same and have a smooth exit.
Apart from convincing, you cannot do much. It is the ultimate discretion of the management.
What was the bond amount (if any) ? What is the amount you are willing to pay? Also state your position and role?
Your employment contract does not state that salary may be paid in lieu of notice when either party serves to terminate employment. However, as you pointed out, it does say that in the event of a termination of service by either party, only the Management has the discretion to waive it by agreeing to payment in lieu. This is a one-sided unfair clause. I am not a lawyer and I would suggest you consult a lawyer or the relevant ministry in your state. Legally, it is an unfair clause and your offer of 2 months' salary plus one month service as notice is, in my view, fair.
Find out from internet what were the test cases in your state relating to such matters. Find out if there had been some previous court cases concerning this issue.
In your case the company is trying to squeeze you because they know it very well that you will need Experience cum Relieving letter. They also know that the antecedents of the employee is verified from the past ex employer and they are trying to pressurize.
I hope that you have clearly mentioned everything in your resignation letter.
Your stand is perfectly alright so do not change it. Escalate it to the highest level.
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