I have a 2-month notice period in my current company but have received an offer from a different company (not a rival). I am a fresher and have only worked for 4 months. My notice period states, "The notice period for termination of your services is 60 days by either side and/or salary in lieu of notice period on the part of the Employer only."
My new company wants me to join in a month and has agreed to pay my buyout amount. So, can my company stop me from going through the buyout process?
From India, Ranchi
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My new company wants me to join in a month and has agreed to pay my buyout amount. So, can my company stop me from going through the buyout process?
From India, Ranchi
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You are seeking advice: 'Can my company stop me from going through the buyout process?' They can, for reason or no reason, is the answer. Since the company is your employer, the appointment order states that the employee has to serve the notice period 'and/or pay salary in lieu of notice period.'
Understanding Notice Period Clauses
The first choice is to serve the notice period. The connecting link is 'and/or.' While 'and' is conjunctive (meaning both parts are to be read together), 'or' is disjunctive (meaning it is in the alternative). The intention of the clause does not seem to be to interpret as 'and' but to emphasize the preceding part. So, serving the notice period is the first requirement, and only upon failing to do so does the second part, i.e., the buyout provision, come into play.
Implications of Not Serving Notice Period
Even in normal circumstances, the employee cannot relinquish all duties one fine morning and walk off by just paying off the notice period. This would seriously impair the functioning of any establishment.
Finding a Mutually Satisfying Solution
So, taking the overall situation into account, decide how long you can serve the organization and offer to pay for the remaining period. It is better to work out a mutually satisfying solution rather than insisting on one-sided interest.
From India, Mumbai
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1593Understanding Notice Period Clauses
The first choice is to serve the notice period. The connecting link is 'and/or.' While 'and' is conjunctive (meaning both parts are to be read together), 'or' is disjunctive (meaning it is in the alternative). The intention of the clause does not seem to be to interpret as 'and' but to emphasize the preceding part. So, serving the notice period is the first requirement, and only upon failing to do so does the second part, i.e., the buyout provision, come into play.
Implications of Not Serving Notice Period
Even in normal circumstances, the employee cannot relinquish all duties one fine morning and walk off by just paying off the notice period. This would seriously impair the functioning of any establishment.
Finding a Mutually Satisfying Solution
So, taking the overall situation into account, decide how long you can serve the organization and offer to pay for the remaining period. It is better to work out a mutually satisfying solution rather than insisting on one-sided interest.
From India, Mumbai
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Dear Colleague,
As narrated by the learned colleague, the option of "in lieu of" clause is purely discretionary to the employer. The employer has every right to insist you work for the notice period and not choose the option of notice pay buyout. The purpose of the notice period is to ensure that there is no abrupt discontinuity of an assigned role or job in the organization, creating a negative impact on business. During the notice period, the organization finds an alternate candidate in your place and ensures that the activities of the organization go smoothly through internal movement and others. Hence, it is always presumed that talents are to serve during the notice period and then only get relieved. If there are less important jobs or someone readily available in the system to replace you, the employer may help you by early relieving by accepting the buyout. Therefore, it is wise to discuss mutually/amicably with both employers (HR Dept) and arrive at a mutual date of relieving without affecting both of your employments. All the best.
From India, Chennai
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As narrated by the learned colleague, the option of "in lieu of" clause is purely discretionary to the employer. The employer has every right to insist you work for the notice period and not choose the option of notice pay buyout. The purpose of the notice period is to ensure that there is no abrupt discontinuity of an assigned role or job in the organization, creating a negative impact on business. During the notice period, the organization finds an alternate candidate in your place and ensures that the activities of the organization go smoothly through internal movement and others. Hence, it is always presumed that talents are to serve during the notice period and then only get relieved. If there are less important jobs or someone readily available in the system to replace you, the employer may help you by early relieving by accepting the buyout. Therefore, it is wise to discuss mutually/amicably with both employers (HR Dept) and arrive at a mutual date of relieving without affecting both of your employments. All the best.
From India, Chennai
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Notice of Employee Change.doc