I have resigned from my company on Monday, 11th February 2013, and I have requested that my last working day be 19th March 2013. However, as per my contract, my notice period is three months.
My manager is not willing to release me early and is putting unnecessary mental pressure on me to complete the project. He insists that I must serve the full three months, and it seems he is doing this intentionally.
I have 25 annual leave days pending, and I have asked about the option to buy out the notice period, but they are not willing to compensate.
My issue is that I am relocating to Singapore permanently. My wife has received a permanent transfer to Singapore and will be traveling on 5th March 2013. She is two months pregnant, and it is extremely important for me to be with her.
The company I am joining requires me to start by 21st March 2013 and insists on a relieving letter.
I want to buy out the notice period. Please help me with any suggestions on what I can do.
Termination Clause
During the probation period, your employment can be terminated either at your option or the Company's option by giving prior written notice of 30 (thirty) days. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. After confirmation of your employment, either the Company or you may decide to terminate the employment by giving a 90 (ninety) days prior written notice. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. However, in the event of gross misconduct or a serious breach by you, the Company is entitled to terminate your employment with immediate effect, with or without prior notice. You have taken up employment with the Company at your "will," and you understand and agree that it is for no specified term. There are no representations or promises that your employment will continue for a specific period or will be terminated only under particular circumstances. Breach by you of any of the above conditions of this offer or those in any of the Annexure hereto or Company Policies, IIA, will render your service liable to termination without any notice or payment in lieu of such notice. In the event of termination of services, the Company shall be entitled to offset payment of any allowance/advances, leave, any amount that you owe the Company, etc., against salary due and/or any other amount due to you and to withhold amounts that may be required by the relevant authorities.
Regards,
Rahul
From India, Bangalore
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My manager is not willing to release me early and is putting unnecessary mental pressure on me to complete the project. He insists that I must serve the full three months, and it seems he is doing this intentionally.
I have 25 annual leave days pending, and I have asked about the option to buy out the notice period, but they are not willing to compensate.
My issue is that I am relocating to Singapore permanently. My wife has received a permanent transfer to Singapore and will be traveling on 5th March 2013. She is two months pregnant, and it is extremely important for me to be with her.
The company I am joining requires me to start by 21st March 2013 and insists on a relieving letter.
I want to buy out the notice period. Please help me with any suggestions on what I can do.
Termination Clause
During the probation period, your employment can be terminated either at your option or the Company's option by giving prior written notice of 30 (thirty) days. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. After confirmation of your employment, either the Company or you may decide to terminate the employment by giving a 90 (ninety) days prior written notice. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. However, in the event of gross misconduct or a serious breach by you, the Company is entitled to terminate your employment with immediate effect, with or without prior notice. You have taken up employment with the Company at your "will," and you understand and agree that it is for no specified term. There are no representations or promises that your employment will continue for a specific period or will be terminated only under particular circumstances. Breach by you of any of the above conditions of this offer or those in any of the Annexure hereto or Company Policies, IIA, will render your service liable to termination without any notice or payment in lieu of such notice. In the event of termination of services, the Company shall be entitled to offset payment of any allowance/advances, leave, any amount that you owe the Company, etc., against salary due and/or any other amount due to you and to withhold amounts that may be required by the relevant authorities.
Regards,
Rahul
From India, Bangalore
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You don't need to worry at all; you have a genuine reason, no doubt about that. If your employer doesn't bother about your problem, you also need not to. You did your best. An offer letter and even an agreement are not valid under the court of law. As I told you, you have a genuine reason, so no need to worry about it at all. But I must tell you to consult a labor court personnel, or if you feel necessary, file a case in time against them.
Regards,
Amit
From India, Amritsar
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Regards,
Amit
From India, Amritsar
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You need to inform your advocate or the labor court personnel in advance about who will be assisting you in this case and that you require your relieving letter to submit to your next employer. This will enable them to take timely and appropriate action. How your relieving letter is obtained, either forcefully or through negotiation, will depend on their approach.
Take care,
Amit
From India, Amritsar
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Take care,
Amit
From India, Amritsar
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Termination from Employment.pdf