Hi all, I am working for a small private software development company for the past 4 months. This is my second company. I resigned due to personal reasons, and the company is asking me to serve 90 days or pay the remuneration. According to the offer letter, I fall into two clauses:
1. I didn't receive written communication from them upon the completion of the probation period of the first 90 days.
2. It states that termination by either party can be done by giving a notice period of 90 days or by paying/recovering up to 3 months' fixed salary in lieu of notice.
Also, the company policy book states that if an employee resigns after completing the first 90 days of probation, employees must give a 3 months' notice of resignation. The employer may waive the resignation notice in whole or in part at any time by providing payment of regular wages for the period so waived.
My concerns are:
1. They accepted the resignation but are asking me to serve 90 days or pay remuneration for 90 days. Going by their policy handbook, I am confused about the term "regular wages." Is the basic pay considered for the buyout?
2. They are saying that only the conditions in the offer letter are considered, as I signed only that and not the employee policy handbook since the policy can be changed at any time. (However, the policy has not been changed during my 4 months of tenure here.)
3. The offer letter states "fixed salary" payable for the notice period. Is this gross or basic salary?
Kindly advise at the earliest as I have halted all my personal finances due to confusion about the buyout amount, as I have no other choice but to buy out.
From India, Bengaluru
Acknowledge(0)
Amend(0)
1. I didn't receive written communication from them upon the completion of the probation period of the first 90 days.
2. It states that termination by either party can be done by giving a notice period of 90 days or by paying/recovering up to 3 months' fixed salary in lieu of notice.
Also, the company policy book states that if an employee resigns after completing the first 90 days of probation, employees must give a 3 months' notice of resignation. The employer may waive the resignation notice in whole or in part at any time by providing payment of regular wages for the period so waived.
My concerns are:
1. They accepted the resignation but are asking me to serve 90 days or pay remuneration for 90 days. Going by their policy handbook, I am confused about the term "regular wages." Is the basic pay considered for the buyout?
2. They are saying that only the conditions in the offer letter are considered, as I signed only that and not the employee policy handbook since the policy can be changed at any time. (However, the policy has not been changed during my 4 months of tenure here.)
3. The offer letter states "fixed salary" payable for the notice period. Is this gross or basic salary?
Kindly advise at the earliest as I have halted all my personal finances due to confusion about the buyout amount, as I have no other choice but to buy out.
From India, Bengaluru
Acknowledge(0)Amend(0)
In normal parlance and as used widely in the industry, 'Fixed salary' includes all constant elements in your pay packet but does not include variable pay like incentives, traveling allowances, or sales commission, etc. We need to know your salary components to state clearly the components included.
From India, Mumbai
Acknowledge(0)Amend(0)
1593From India, Mumbai
Acknowledge(0)Amend(0)
You have to include basic & DA. You need not pay HRA, Spl All & Conveyance as they are contingent upon performance of duty.
From India, Mumbai
Acknowledge(1)Amend(0)
From India, Mumbai
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf