Notice Period Buy Out [Thread 550876]

Hi All,
I have resigned from my current organisation, and as per the resignation clause "either i have to serve the 2 month notice period or i have to buy out the same" now i have already done with my 1 month of notice period and would like to buy the notice period of next 1 month. My 2 month salary is alredy on hold with employer and i told them to deduct the 1 month salary and release me with 1 month of notice period. But they deny to do that and they forcing me to do the 2 month notice period with the company.
Pls suggest me, should i take any legal action against them and what i can do...need help urgently...

You will have to meet them and persuade them by showing the appointment order and concerned clause.
Legal remedy is there but it will be time consuming.
They may stick to the condition that you need to serve 2 month notice or buyout 2 months and not i month notice and i month pay.
Polite and persuasive negotiation will only help you to leave the job in time.

Hi, Thanks for the response. Earlier my comapny agree to release me with 1 month of notice and buyout of 1 month. But now when i have asked them for FnF they told me to serve 2 month of notice. I am working in delhi and employer office is in mumbai. I can do only mail conversation/call. I dont want to continue with my current emplyoyer. Should i leave them with a mail that deduct my 1 month notice buyout amount from my salary and i will not continue from tomorow? they will release my releaving or they will deny to release my releaving letter??

Quite likely they may delay your relieving letter.
You have to take a call on 2 months buyout and leaving with all paperwork.

Dear Amit,
You may give them a post dated check, which they may en-cash later. It not a great idea to argue with your current company as may be these are the same conditions on you are being hired. HR itself could not violet the rule except some special condition.

Where does the question of post dated cheque come up?
The company is already holding two months pay with them.

i dont want to continue with my current organisation, and to complete the 2 month notice 21 days is still remaining..also i have balance of 21 planned leaves but they are forcing me to complete the 2 month notice.
Pls suggest should i leave the organisation and if yes on which statement...pls suggest me a draft..its very urgent

Dear Amrit,
No employer can deny you to give releasing letter, but most of the company give it to employee only after calculation of full and final settlement which usually take approx. 1 month. You may leave your current organization and tell them to deduct notice period but be calm and that make them aware about your situation and understand there too.
As your head-office is at mumbai, dont forget to take follow up for full and final over call and over mail.

Holding salary is an internal factor for the company and deduction of notice period is the condition on which employee is being hired. There may be many dues on the employee like laptop, impress money other office stationary including mobile and any loan amount which will be clarify when full and final payment and no dues certificate is issue. If a particular employee need relieve letter before no due certificate he may give check or draft.
Hope this will clarify you.

Hi Jyoti, there is no dues on me. They didn't issue anything to me till date.
My HR told me to complete the notice of 2 month till 21st feb 2016, but i dont want to continue with them after 31st jan 2016.
There is no dues on me, my 2 month salary is also with my company and i do have 21 planned leaves which i havent used yet.
Pls draft a mail for me, which i send to my company and tell me i will not continue after 31st..