Thread Started by #ashwin-marathe

Hello Members, I resigned from my current organization with one month notice period and two months buyout. My manager agreed verbally and now after 22 days he has sent me mail to serve 3 months compulsory of notice period. My future employer is not ready to extend my joining. Please guide me further.
Thank you.
23rd December 2018 From India, Pune
Normally, in case of termination of the contract of employment by resignation, the Notice Clause with a buy-out option would also have a rider in favor of the employer to use his discretion to accept or reject the buy-out offer of the employee for enabling him to look for a suitable substitute to fill the consequential vacancy.
Therefore, the employee cannot legally insist on his time bound relief evolving from his buy-out option. He should serve the entire notice period as insisted by the employer.
24th December 2018 From India, Salem
Dear member,
If your notice period was for three months and if you had resigned with the request to reduce the notice period to one month and payment of balance notice period, then you could have obtained the written confirmation from the approving authority.
Generally, a letter of resignation is submitted to the HR Department. However, it is routed through the HOD. Now in your case how come Manager gave verbal assurance? Why he did not forward your application to the HR Department? Why you did not insist on getting a reply to the resignation letter which is called "Acceptance of Resignation"?
Before committing your future employer above reduction of the notice period, you could have taken approval from the current employer. The problem has arisen because of two reasons. One is your assumption about it and another is ill-defined or ill-communicated processes in your company.
Anyway, you may submit one more application to the MD of your company and explain your position. Nothing can be done more than this.
Thanks,
Dinesh Divekar
24th December 2018 From India, Bangalore
Though Tendering"Resignation" is a Voulntary act on the part of the Employed Person, the Employer has the equal Prerogative to accept the same on and from a day determined/decided by the later. Normally, the Employer takes into consideration " exigencies of Work" and or "Availability of a Substitute to Manage the Work assigned to the Person who Tendered Resignation for the "Show Must Go On without Disruption, as it were" which is Fair, Proper and Just.
Kritarth Team,
24.Dec 2018
24th December 2018 From India, Delhi
Dear Kritharth Consulting,
You have written that "Though Tendering "Resignation" is a Voulntary act on the part of the Employed Person, the Employer has the equal Prerogative to accept the same on and from a day determined/decided by the later."
How can employer have prerogative on acceptance of the resignation? Your statement implies that employer can sit on the resignation submitted by the employee. This is contrary to the terms of appointment letter. All that employer can tell to the resigning employee is to fulfil the conditions of the notice period. But resignation cannot be held in abeyance.
If there employer includes prerogative of acceptance of resignation then it cannot be called as a legal contract but convert it into bonded labour.
Thanks,
Dinesh Divekar
24th December 2018 From India, Bangalore
As usual the employer always insist the outgoing employee to fulfill the terms of appointment for any relief from the organisation. If the outgoing employee wish to relieve early, it should be negotiated and smooth exit will always help for the individual. Leaving the job unilaterally by individual will hamper the relations between both the parties, which is a personal loss to the individual.
24th December 2018 From India, Hyderabad
Hi
The first you should have done in the above case was to write an email thanking the Manager for accepting the offer of one month notice and two month buyout so that he would be bound by that in the absence of any written communication. Never take things for granted or assume that everything will be smooth especially in the matters of resignation and settlement and employment contract. As advised by the learned member you can only request your manager stating the facts and also informing that due to the verbal promise of the manager you have committed with the new employer on the joining date. Try your luck and be diplomatic to the end, so that you may come out of this asap. You do not have the option but to stay put the notice period as per the employment contract.
Thanks and Regards
24th December 2018 From India, Hyderabad
Hello
Never to trust anybody is a valuable lesson you have learned through the entire experience.
Hope this experience helps you make better decisions in life henceforth.
At this juncture , all you can do is make a reverse offer, wherein you state to the company/manager that if they want to retain you then they need to pay Rs.XXXX/- (This figure should be exorbitant, so as to repel the company from paying the payment you ask) , to retain you within the company , and if they are unable to provide the same then they should release you from your obligation. Now here the company would have only two options either release you or make payment in accordance to your demand , and in case they say they cant make the payment then they would relieve with three months notice or one month notice as a matter of contractual obligation, which you can relieve the company from upon your own wish and there by opening possibility or you to join your new employer within designated time.
RegardsO
Octavious
27th December 2018 From India, Mumbai
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