Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Vibhuti1998
Software Developer

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hello, I've been working at my current company(Mumbai, India) for one year.

I'm greatly underpaid, I have to handle development, team lead responsibilities, so working long hours no overtime(minimum 10 to 11) every day sitting late hours. Never even simple praises for my work. I was even asked to work on Gandi Jayanti which is a national holiday in India by the way.

My concern currently is that now, when I've found a great job, they are asking me to serve a notice period of 3 months but the thing is while joining there was no contract signing or formal process, was told to "Please accept this email as my formal acceptance"

So one can say the terms, notice period, PILON, number of sick leaves, almost everything was undefined and vague.

On asking for leaving they asked me to serve a notice period of 3 months, without ever specifying or agreeing on it, now I have decided I will not let them take advantage of me and thinking not to serve the notice period, and open to buyout/pilon which never actually got decided in the first place, currently I have a company laptop top and working from home because of COVID 19

How one might approach this, even if undefined do i pay to buy out, I'm am open to paying for one month in good faith but can't pay for 3 as the financial situation is really tight

and with COVID pandemic will not make it possible for me really. I have a gut feeling the will straight out reject not serving notice period, can't say about the buyout.

So im asking please assist with some solutions

From Oman
Dear Vibhuti,
In a fit of annoyance, please do not abandon the employment. You need to get unblemished relieving letter also.
Put up application to MD for his interview and ask for early relieving. If he remains inclement then file a complaint to the labour office under whose jurisdiction your company comes in.
While dealing with the company officials, do not lose cool even once. Be polite but firm. If possible, record the conversation on your mobile, however, do this not only surreptiously but cautiously also.
Thanks,
Dinesh Divekar

From India, Bangalore
Dear Vibhuthi,
Even if true, your allegation about the vagueness of your contract of employment pertaining to unilateral termination can be accepted only after going through the offer letter and/or the appointment orders. If there is a mention that all other terms of conditions of service would be as per the service regulations applicable to the cadre and they prescribe a notice clause of 3 months, then you are bound to comply with. Always buy-out option of notice period by the employee is subject to the discretionary acceptance of the employer. The employee cannot insist on this except in exceptional circumstances like critical illness requiring medical confinement.
Secondly, your post reveals that you are employed in supervisory/managerial capacity. As such no labor law will help you.
Thirdly, the situation warrants a smooth and peaceful separation as suggested by Mr. Dinesh. Better to avoid confrontation based on your own bitter experience. Seek an audience with the CEO, politely explain to him the need for your immediate formal separation and convince him either to waive the notice or to accept your buy-out offer.
Nobody is infallible : at times, our gut feelings may guide us wrong so far as our personal or social relationships are concerned.

From India, Salem
Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™