Hi, I am working for a small Pvt ltd. company in India as a customer support executive. before joining i received a offer letter, post 1 month of my joining i received my Appointment letter. on the first day of joining the HR called me into her cabin and showed me few company event videos on her computer monitor, explained that i am entitled for 12 annual leaves and 5 sick leaves and said that was the end of induction. during my sixth month i have resigned from my job as i dint like the work environment, they are imposing us to work on Saturdays and Sundays without pay, when we asked for pay they say it is a work from home so they wont pay.
MY RESIGNATION HAS BEEN ACCEPTED But in it they mentioned as per appointment letter i have to serve 3 months notice, in my resignation mail i have requested them to relieve me in a months time,however, the appointment letter states as following " IF YOU WISH TO TERMINATE YOUR EMPLOYMENT WITH THE COMPANY YOU WILL BE REQUIRED TO GIVE 3 MONTHS NOTICE TO THE COMPANY OR SUBJECT TO COMPANY'S DISCRETION, IN LIUE OF THE NOTICE PERIOD PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY ( not the basic but whole salary ) ". I do not wish to serve 3 months of notice period as i do not at all feel motivated to work, I AM READY AND WILLING TO BUYOUT MY NOTICE PERIOD, i have till date not received any mail or letter from the HR or management with regard to my employment confirmation, though in the appointment letter nothing is mentioned about probation period.
Now my questions are :
1) Can the company reject my buyout option ? If they are rejecting then y mention about buy out in the appointment letter ?
2) I need a relieving letter ? will the company not issue the same ?
3) My health is not keeping well and i am diagnosed with kidney stones today, i can submit the medical certificate for the same. Can i give them this reason and tell them i cannot serve the notice period and can buy out the notice period ? will they object to this ?
4) Can a company force an employee to work for the whole notice period without accepting the buy - out option?
Please suggest.
From India, undefined
MY RESIGNATION HAS BEEN ACCEPTED But in it they mentioned as per appointment letter i have to serve 3 months notice, in my resignation mail i have requested them to relieve me in a months time,however, the appointment letter states as following " IF YOU WISH TO TERMINATE YOUR EMPLOYMENT WITH THE COMPANY YOU WILL BE REQUIRED TO GIVE 3 MONTHS NOTICE TO THE COMPANY OR SUBJECT TO COMPANY'S DISCRETION, IN LIUE OF THE NOTICE PERIOD PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY ( not the basic but whole salary ) ". I do not wish to serve 3 months of notice period as i do not at all feel motivated to work, I AM READY AND WILLING TO BUYOUT MY NOTICE PERIOD, i have till date not received any mail or letter from the HR or management with regard to my employment confirmation, though in the appointment letter nothing is mentioned about probation period.
Now my questions are :
1) Can the company reject my buyout option ? If they are rejecting then y mention about buy out in the appointment letter ?
2) I need a relieving letter ? will the company not issue the same ?
3) My health is not keeping well and i am diagnosed with kidney stones today, i can submit the medical certificate for the same. Can i give them this reason and tell them i cannot serve the notice period and can buy out the notice period ? will they object to this ?
4) Can a company force an employee to work for the whole notice period without accepting the buy - out option?
Please suggest.
From India, undefined
Hi San,
First of all you need to know your employment clauses before taking any hasty decisions. Please find my answers below towards the question number.
1. Can the company reject my buyout option ? - - Yes, they can reject your buy out option. If they are rejecting then y mention about buy out in the appointment letter ? - They have clearly mentioned that "OR SUBJECT TO COMPANY'S DISCRETION, IN LIUE OF THE NOTICE PERIOD PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY", which you have not noticed.
2. I need a relieving letter ? will the company not issue the same ? - Yes, they will issue, provided you need come into a mutual agreement on serving or buying the notice period. Never plan to abscond, which is very common mistake made nowadays.
3. My health is not keeping well and i am diagnosed with kidney stones today, i can submit the medical certificate for the same. Can i give them this reason and tell them i cannot serve the notice period and can buy out the notice period ? will they object to this ? - Why didn't you discuss your health issue with your manager or the HR department in advance? Objection to withheld your relieving letter is purely based on the discussion which you will have with the appropriate person/team.
4. Can a company force an employee to work for the whole notice period without accepting the buy - out option? - No a company cannot force an employee to work, provided almost every employee is concerned about the employment papers and would not want to have a bad exit.
Please speak with your manager or any other supervisor and resolve this issue amicably. Good luck!
From India, Bangalore
477First of all you need to know your employment clauses before taking any hasty decisions. Please find my answers below towards the question number.
1. Can the company reject my buyout option ? - - Yes, they can reject your buy out option. If they are rejecting then y mention about buy out in the appointment letter ? - They have clearly mentioned that "OR SUBJECT TO COMPANY'S DISCRETION, IN LIUE OF THE NOTICE PERIOD PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY", which you have not noticed.
2. I need a relieving letter ? will the company not issue the same ? - Yes, they will issue, provided you need come into a mutual agreement on serving or buying the notice period. Never plan to abscond, which is very common mistake made nowadays.
3. My health is not keeping well and i am diagnosed with kidney stones today, i can submit the medical certificate for the same. Can i give them this reason and tell them i cannot serve the notice period and can buy out the notice period ? will they object to this ? - Why didn't you discuss your health issue with your manager or the HR department in advance? Objection to withheld your relieving letter is purely based on the discussion which you will have with the appropriate person/team.
4. Can a company force an employee to work for the whole notice period without accepting the buy - out option? - No a company cannot force an employee to work, provided almost every employee is concerned about the employment papers and would not want to have a bad exit.
Please speak with your manager or any other supervisor and resolve this issue amicably. Good luck!
From India, Bangalore
Hi Mahr,
Thank you for your valuable advice..I have a question.when an employee is ready to buy out and pay the company for breaching or breaking the contract..can I company still object... I am working as a customer support executive and I am not in a senior position where company will be at any loss financially or otherwise with my leaving. What discretion would the company have when the employee is inturn compensating for the contract breach..if they have mentioned SUBJECT TO COMPANY'S DISCRETION then the appointment letter is unilateral and not bilateral.. And as per Indian laws I assume unilateral contracts r not entertained. Please suggest.
From India, undefined
Thank you for your valuable advice..I have a question.when an employee is ready to buy out and pay the company for breaching or breaking the contract..can I company still object... I am working as a customer support executive and I am not in a senior position where company will be at any loss financially or otherwise with my leaving. What discretion would the company have when the employee is inturn compensating for the contract breach..if they have mentioned SUBJECT TO COMPANY'S DISCRETION then the appointment letter is unilateral and not bilateral.. And as per Indian laws I assume unilateral contracts r not entertained. Please suggest.
From India, undefined
a) Next time whenever you take up a new assignment, don't sign on dotted line.
b) If you have genuine medical grounds that are preventing you from continuing with the current stint, then please raise it officially.
c) Keep all communication official & documented so that in the event an impasse between you & your employer, you will have something to justify your stance on the alleged act of abscondment.
From India, Mumbai
b) If you have genuine medical grounds that are preventing you from continuing with the current stint, then please raise it officially.
c) Keep all communication official & documented so that in the event an impasse between you & your employer, you will have something to justify your stance on the alleged act of abscondment.
From India, Mumbai
Hi...I am not planning to abscond....my team lead is aware of my medical situation from the very day of my joining as I clearly told him the same. I am only looking for an amicable way to leave the company with proper relieving. Suggestions on how to get the same are very much appreciated. I believe it is the Hr duty to inform the candidate about the rules and regulations which the Hr in my company has failed to do.
From India, undefined
From India, undefined
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