Can My Company Force Me to Stay Despite Offering a Buyout Option? Seeking Advice on Notice Period Dilemma

Dear All,

I work with an MNC in Pune. I have been with this company for 3.5 years and in the current project for 2 years. I have been released from my current project, i.e., I am on the bench now.

I want to leave the company immediately with a 10-day notice, or I am ready to buy out with a 90-day notice. Can my company refuse to accept my buyout option, i.e., force me to work for them for 90 days? This is what my offer letter says: "You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof."

There is one point at the end that is scaring me: "Any or all of the terms and conditions of service may be modified or changed at the company's discretion." This point says T&C can be changed, but it doesn't say I have to follow it.

Thank you.

Dear apps007,

You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof. If the above words are mentioned in your letter, then I don't think you will face any issues. Apart from this, I suggest you have a discussion with your immediate superior and the HR about this. Every issue will get resolved, but the key is how you manage the situation. Have a good conversation with them. All the very best.

Thank you.

Thank you for your suggestion. I'm trying my best.

The manager in whose project and everyone else is surprised then what the problem. What's your opinion about this line:

"Any or all of the terms and conditions of service may be modified or changed at the company's discretion"

(The above point says terms and conditions can be changed, but it doesn't say I have to follow it.)

Hey Apps, every letter has this kind of content, but ultimately, as I said, you have to manage them and convince them. I am sure you can do it as you have 3.5 years of experience in this company.

The lines that are mentioned by you are standing orders between the employee and employer. Nothing to worry about the lines. There are chances that, if the project you are working on has no performers, you may not be relieved immediately. You need to understand the project's importance as well, as a team player. It's the employer's decision whether "can be relieved you immediately or not" or that depends upon the explanation or discussion you may have with the management in explaining the seriousness/willingness to leave. All the best!

Bharath R
Employee Care
Cybernet Slash Support (CSS)

There are chances that, if the project you are working on has no performers, you may not be relieved immediately. You need to understand the project's importance as well, as a team player.

The whole point is that my assignment to the project is over, and I'm not at all required in the project. It's just the relieving person who seems not to be getting it. I had a word with an advocate and showed him my offer letter. He said I can buyout as it's mentioned in the offer letter. Although it's written in the offer letter that terms and conditions might be changed by the company and to be abided by the employees, they can't make such a decision just like that.

Buying out my notice period is my right, not the company's. Tomorrow, my company will decide: your salary is zero, you work 16 hours a day, and you have no right to leave the company by giving notice or the buyout. :D I want things to go smoothly and do my best for it, but beyond a point, it will be a lot of snowballing. :)

Hi,

According to me, the condition given by the company is one-sided. As per the law, you can resign by giving one month's notice.

Hi,

"Terms and conditions can be changed at the company's discretion" - ACCEPTABLE - BUT THEY HAVE TO INTIMATE YOU THE EXACT CHANGE IN POLICY. In the event nothing is put in writing, they cannot force something on you. If you have hassles, seek professional help and send them a legal notice. The standard norm is that in the absence of a notice period, they can deduct one month's pay and settle your dues.

When it is specifically mentioned in your offer letter "You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof," why will the company have any problems in releasing you when you are ready to pay 3 months' basic salary? Since you are already on the bench, I don't think the company will have any issues in releasing you. The company can create some problems if you are working on a critical skill. What I would suggest is to speak to your HR manager first and then submit your resignation.

Regards,
Swati Verma

Your company cannot force you to work the notice period. There are several court cases where it has been decided that an employment contract is not to be subjected to specific performance. At most, damages up to the maximum of the notice period can be claimed by the employer.

Hi,

Any changes in clauses need to be communicated to all employees individually or through a written notice as these are considered service conditions. According to the rule, it should be communicated 45 days in advance. Obtain acknowledgment from the employee before implementation; thus, you can surrender your leave and get relieved.

Thanks and regards,
Kameswaro

Hello,

Going carefully through your query, it looks like you are becoming apprehensive that they may create a problem. You haven't yet spoken to your employer. Please correct me if I am wrong. If I am right, did something happen during your time with the company that is causing you to be apprehensive? Unless you provide the full and complete information, please note that no one may be able to suggest the right solution. Any advice you receive will be half-baked.

If your intention is to prepare for the worst-case scenario, those who mentioned that these are standard terms in any contract or offer letter are correct. Regarding what Kameswarao mentioned about the advance notice by any employer before enforcing any rules or policies, not just in the offer letter, is valid. While the right to make changes lies with the employer, they need to inform all those who will be affected. It would be wise to check if there were any emails from your HR regarding this matter earlier.

However, please also remember that all of this discussion may be premature if you have not even spoken to anyone in the company. As mentioned by Amit27, the best approach is to have an informal conversation with HR and your manager before reviewing the situation in its entirety. After that, you can post the situation so that you can receive the most appropriate, practical, and realistic suggestions from the forum.

Regards,

TS

Hello, you were working for an MNC. Now you are on the bench. Why are you worried so much? Do you have a job at hand? Just leave and join the new company. Rest can be taken care of later. Or else, search for a job at the earliest and leave. Do not worry. Nothing is done against you in particular in the old MNC. Rules cannot be changed for you alone. Lead a simple mental status. Do not think that the MNC intends to gain anything by harassing you. Nobody does such things, whether an MNC or an Indian company, except a single owner or very small Indian establishments. Lead a happy career and life. Best of luck.

Hi Guys,

Apart from policies, rules, and all other aspects, there is one important thing that is crucial - relationships. Yes, it plays a key role in this type of situation. It is a true fact that the employer can put you in trouble if they want to or they can relieve you immediately. Rules are in place to guide you, not to constrain you, and you need to understand that. My suggestion is don't try to fight, argue, or make this an issue. The best approach is to convince them. Talk with them, explain your problems, and show them your maturity. It really works better than anything else. They can change the rules anytime and for anyone they want. It's in your manager's and also your HR's hands. This is not just advice or a suggestion but my experience.

Regards,
Karthick

Normally, appointment letters also have a clause that the Company may, at its discretion, ask you to serve the notice period and not allow a buyout of the notice period. This may be worded differently in various companies. Please check your appointment letter or policies related to exits announced by the Company.

On various occasions, the Company changes its policies and announces them to employees. However, in such instances, we refer back to our appointment letter. Please confirm which clause is currently applicable in the organization.

If nothing has changed from what is stated in the appointment letter, then legally, the Company cannot hold the employee if the person is complying with what they are contractually obligated to do.

Having said that, please speak to your Manager/HR department, and hopefully, common sense will prevail. I am sure they may have a compelling reason for the decision of not relieving you early. Once you discuss it with them, I am confident you should be able to reason with them.

Yes friends, I'm on the bench, I have no work. For two weeks, I'm just trying to convince them, begging and pleading, but no one is listening.

Dear friends,
I have no work; I'm on the bench. I was honest in telling my manager that I was going to leave, and he had promised full cooperation. Now, I'm begging them, but they are not listening. I'm attaching my offer letter. Please have a look and suggest to me as I'm going for a buyout. Let's see if they can stop me. Please see the offer letter and suggest to me.

Lines regarding buyout/notice are underlined.

Man, you really need to get your spine in action. What kind of world are you living in? First, you don't have to beg. Second, use your brains and act rationally. You are not a slave, and no one can force you to stay on. Get that into your thick head.

Yes, so what? There is a clause which states that the company may choose to change rules from time to time. Sure, it is their call. But the important thing is that they need to communicate it to you in writing. Even if it does not say so, it will not stand up in any court of law.

If you are so desperate, pack your bags and get out. Send them a letter by registered post if they won't accept a hand delivery and give you an acknowledgment. Check out how much you stand to lose monetarily. They can adjust the amount against the salary due to you and will have to settle in due course.

GET ON WITH YOUR LIFE.