Please guide me if management can refuse notice period buyout and force me to work - CiteHR
Nelsonthomas9102
Hr Executive
Ramure
Deputy Manager
+1 Other

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Hello All, Game my resignation today. Present company has a notice period of 60 days. I am willing to serve 1 month and pay buyout 30 days. My clause as per appointment letter is attached in the image. Please guide me if management can refuse notice period buyout and force me to work for 60 days. Please go through the clause in my appointment letter attached.

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Hi Ram,
It seems the management would be able to refuse a notice period buyout and can force you to work for 60 days in the name of providing a smooth transition.
The clause in the screenshot only indicates that recovery from the employee's basic salary would be executed in the event of a "shortfall" in notice period. But it does not confirm on whether the shortfall in notice period could be the result of an agreement between the employer and the employee.
Shortfall in notice period can occur due to medical reasons or if an employee absconds during the notice period.
So, notice period buyout may not be a guaranteed right here.
Is there no option out there that could work out in my favour. Please help.
I submitted my resignation today. My company has a notice period of 60 days, however I have asked to serve 30 days and I am willing to pay out the remaining 30 days.
My appointment letter states - on confirmation the notice period would be 60 days, from either side to ensure smooth transition and handing/taking over. In case of shortfall in notice period, pay in lieu thereof shall be due and payable from either side. Notice period shall be recovered from the basic salary of the employee.
Since the clause itself says about the procedure to be followed in the event of notice period shortfall , I think it is similar to an agreement between the parties , or else it shouldn't have been there in the clause . Hence , the employee is well within his rights to exercise his option of getting relieved himself early as per his convenience .
regards
Manoj
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