I resigned from my current organization on 08/18/2015. My last Working Day (after adjustment of leaves) is turning out to be 10/06/2015. However, I want to be relieved on 09/25/2015 as I have to join a different organization on 09/28/2015. So I went to my manager and HR seeking for the option of buying out remaining days of notice period (11 days). But my manager and HR both declined me the option of buying out the notice period and told me that I would have to serve complete 60 days of notice period and my LWD would remain 10/06/2015, else I would not get my relieving letter. My offer letter has the following verbiage:
9. Separation from the company
a. The retirement age of the Company is 58 years. At the time of formally resigning from service you
shall serve the 60 days of Notice Period.
b. When you formally resign from the service of the Company, the Company may, at its discretion,
permit you to
i. Adjust the vacation leave accumulated toward part of the notice period.
ii. Pay up for the notice period in lieu thereof on your Annual Gross Compensation.
c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance
or any other disciplinary matter, the Company will pay your salary for the Notice Period starting from
the date on which Company informs you of such matter. If the termination of services is for reasons
mentioned in 1 (a) above, no salary is payable for the Notice Period.
Question: Is my manger and HR right in saying that I don't have an option of buying out my notice period and it is there choice to decide how they want me to leave i.e. either by buying out or serve the full notice period.
What option do I have as an employee in this situation. Can labor court help me in this? All suggestions are welcome. Thanks.
9. Separation from the company
a. The retirement age of the Company is 58 years. At the time of formally resigning from service you
shall serve the 60 days of Notice Period.
b. When you formally resign from the service of the Company, the Company may, at its discretion,
permit you to
i. Adjust the vacation leave accumulated toward part of the notice period.
ii. Pay up for the notice period in lieu thereof on your Annual Gross Compensation.
c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance
or any other disciplinary matter, the Company will pay your salary for the Notice Period starting from
the date on which Company informs you of such matter. If the termination of services is for reasons
mentioned in 1 (a) above, no salary is payable for the Notice Period.
Question: Is my manger and HR right in saying that I don't have an option of buying out my notice period and it is there choice to decide how they want me to leave i.e. either by buying out or serve the full notice period.
What option do I have as an employee in this situation. Can labor court help me in this? All suggestions are welcome. Thanks.