Stuck in Notice Period Limbo: Can I Legally Push for a Buyout? Need Urgent Advice!

Hi all, I have resigned from my current organization, and as per the resignation clause, "either I have to serve the 2-month notice period or I have to buy out the same." I have already completed one month of the notice period and would like to buy out the next month. My two-month salary is already on hold with the employer, and I have requested them to deduct one month's salary and release me with only one month of notice period. However, they have refused to do so and are insisting that I serve the full two-month notice period with the company. Please suggest to me, should I take any legal action against them, and what can I do? I need urgent help.

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 a 2-month notice or buyout 2 months and not a 1-month notice and 1-month pay. Polite and persuasive negotiation will only help you to leave the job on time.

Thank you for the response. Earlier, my company agreed to release me with a 1-month notice and a buyout of 1 month. However, now when I asked them for FnF, they informed me to serve a 2-month notice period. I am working in Delhi, and the employer's office is in Mumbai. I can only communicate via email or phone calls. I do not wish to continue with my current employer.

Should I inform them via email that they should deduct my 1-month notice buyout amount from my salary, and I will not be continuing from tomorrow? Will they release my relieving letter, or will they deny it?

Thank you.

Quite possibly, they may delay issuing your relieving letter. You will need to decide on a 2-month buyout and leaving with all the paperwork.

Dear Amit,

You may give them a post-dated check, which they may encash later. It is not a great idea to argue with your current company as these may be the same conditions under which you were hired. HR itself could not violate the rule except under some special conditions.

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

I don't want to continue with my current organization, and there are still 21 days remaining to complete the 2-month notice period. Additionally, I have a balance of 21 planned leaves, but they are insisting that I complete the full 2-month notice.
Please suggest whether I should leave the organization and, if so, on what grounds. Could you please provide me with a draft? This is very urgent.

Dear Amrit,

No employer can deny you the giving of a releasing letter, but most companies provide it to employees only after the calculation of full and final settlement, which usually takes approximately 1 month. You may leave your current organization and ask them to deduct the notice period, but remain calm and make them aware of your situation so they can understand as well.

Since your head office is in Mumbai, don't forget to follow up for the full and final settlement over the phone and via email.

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

Hope this will clarify for you.

Hi Jyoti,

There are no dues on me. They haven't issued anything to me to date. My HR instructed me to complete a two-month notice period by the 21st of February 2016, but I do not wish to continue with them after the 31st of January 2016. I have no outstanding dues, my two-month salary is still with the company, and I also have 21 planned leaves that I have yet to utilize.

Could you please draft an email on my behalf to inform the company that I will not be continuing after the 31st?

Thank you.

I think the best you can do in this situation is what Nathrao suggested in his first reply. Quoting as it is, "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 a 2-month notice or buyout 2 months and not a 1-month notice and 1-month pay. Polite and persuasive negotiation will only help you to leave the job on time."

You seem to be in a hurry for some reason to leave this job by the 31st of January, which means you have a couple of days to make the best possible efforts. You would not want to get into a legal predicament, trust me, so it is best that you talk to the senior management and get yourself out of this situation. Arguing or threatening on the grounds of legal action will not only be time-consuming but also cost you a lot of money and trouble. Instead, invest that time, money, and effort to find the right solution. If you have had a good employment record, I don't see a reason why they would be so stringent; otherwise, even when you are ready to buy out as per the clause in the appointment letter.

Good luck!

You can take legal remedy, but it's usually not worth the time, money, and effort. If you can't convince the company, you will have to either take the pay cut or serve out the notice on their terms.

You do have a case on the legal front, though, in case you still want to take that route. You can read all about it here: [Employment Bonds - Do they really work? | Bond Contracts](http://quikchex.in/employment-bonds-contracts-do-they-work/)

I had worked with a firm for 10 years, 6 months, and 21 days (from the date of joining until the date of resignation). Unfortunately, in the last 6 months of this tenure, due to my mother's health, I couldn't attend the office regularly as she was hospitalized. The last salary I received was for 26 working days, after which I was working from the hospital.

However, I was not given any salary for a complete month despite sending official emails and making calls (internal and external official emails).

Later, I sent an email stating the condition of my mother and requested Leave Without Pay (LWP), attaching the medical certificate, which mentioned that being the only sibling, I was taking care of my mother and couldn't attend the office for a month. But instead of replying to that email, they disconnected my official email ID and the official SIM connection without my knowledge.

At the end of the month, my mother passed away, and I also faced health issues, which hindered me from sending any further emails.

After 1.5 months, I wrote my resignation stating that I didn't attend the office due to my mother's demise and my health condition (approximately 90 days of no work). I received acceptance from them within a week on the same email.

Questions About Gratuity and Relieving Letter

Now, my questions are related to my gratuity and relieving letter:

1. They are deducting money from the gratuity for not serving the notice period (despite not paying me for the month I worked from home, as evidenced by official emails). Can they deduct this amount?

2. They are providing me with an experience letter only until the time I attended the office (four months prior to my resignation). Is this correct?

All these matters were discussed verbally, and nothing was provided in writing except the resignation letter.

If not, please advise on the legal rights and procedures to follow.

Awaiting an early reply.

Thank you in advance.

Regards, Vik