Hi, I am working for a small Pvt. Ltd. company in India as a customer support executive. Before joining, I received an offer letter. One month after joining, I received my appointment letter. On the first day of joining, the HR called me into her cabin, showed me a few company event videos on her computer monitor, explained that I am entitled to 12 annual leaves and 5 sick leaves, and said that was the end of the induction.
During my sixth month, I resigned from my job as I didn't like the work environment. They are imposing on us to work on Saturdays and Sundays without pay. When we asked for pay, they say it is work from home, so they won't pay. My resignation has been accepted, but in it, they mentioned that as per the appointment letter, I have to serve a 3-month notice. In my resignation mail, I requested them to relieve me in a month's time. However, the appointment letter states the 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 THE COMPANY'S DISCRETION, IN LIEU OF THE NOTICE PERIOD, PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY (not just the basic but the whole salary)."
I do not wish to serve a 3-month notice period as I do not feel motivated to work. I am ready and willing to buy out my notice period. I have not received any mail or letter from HR or management regarding my employment confirmation, though in the appointment letter, nothing is mentioned about a probation period.
Questions Regarding Notice Period and Buyout Option
1) Can the company reject my buyout option? If they are rejecting, then why mention the buyout in the appointment letter?
2) I need a relieving letter. Will the company not issue the same?
3) My health is not 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 buyout option?
Please suggest.
From India, undefined
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During my sixth month, I resigned from my job as I didn't like the work environment. They are imposing on us to work on Saturdays and Sundays without pay. When we asked for pay, they say it is work from home, so they won't pay. My resignation has been accepted, but in it, they mentioned that as per the appointment letter, I have to serve a 3-month notice. In my resignation mail, I requested them to relieve me in a month's time. However, the appointment letter states the 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 THE COMPANY'S DISCRETION, IN LIEU OF THE NOTICE PERIOD, PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY (not just the basic but the whole salary)."
I do not wish to serve a 3-month notice period as I do not feel motivated to work. I am ready and willing to buy out my notice period. I have not received any mail or letter from HR or management regarding my employment confirmation, though in the appointment letter, nothing is mentioned about a probation period.
Questions Regarding Notice Period and Buyout Option
1) Can the company reject my buyout option? If they are rejecting, then why mention the buyout in the appointment letter?
2) I need a relieving letter. Will the company not issue the same?
3) My health is not 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 buyout option?
Please suggest.
From India, undefined
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First of all, you need to know your employment clauses before making any hasty decisions. Please find my answers below to the questions:
1. Can the company reject my buyout option? - Yes, they can reject your buyout option. If they are rejecting it, why mention the buyout in the appointment letter? They have clearly stated, "OR SUBJECT TO COMPANY'S DISCRETION, IN LIEU OF THE NOTICE PERIOD, PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY," which you might have overlooked.
2. I need a relieving letter. Will the company not issue the same? - Yes, they will issue one, provided you come to a mutual agreement on serving or buying out the notice period. Never plan to abscond, as it is a common mistake made nowadays.
3. My health is not good, and I have been diagnosed with kidney stones today. I can submit the medical certificate for this. Can I inform them about my health issue and request not to serve the notice period but buy it out instead? Will they object to this? - Why didn't you discuss your health issue with your manager or the HR department earlier? Any objection to withholding your relieving letter will depend on the discussion you 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, as most employees are concerned about their employment terms and would prefer not to have a negative exit.
Please talk to your manager or another supervisor to resolve this issue amicably. Good luck!
From India, Bangalore
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4821. Can the company reject my buyout option? - Yes, they can reject your buyout option. If they are rejecting it, why mention the buyout in the appointment letter? They have clearly stated, "OR SUBJECT TO COMPANY'S DISCRETION, IN LIEU OF THE NOTICE PERIOD, PAY COMPENSATION TO THE COMPANY EQUIVALENT TO YOUR 3 MONTHS SALARY," which you might have overlooked.
2. I need a relieving letter. Will the company not issue the same? - Yes, they will issue one, provided you come to a mutual agreement on serving or buying out the notice period. Never plan to abscond, as it is a common mistake made nowadays.
3. My health is not good, and I have been diagnosed with kidney stones today. I can submit the medical certificate for this. Can I inform them about my health issue and request not to serve the notice period but buy it out instead? Will they object to this? - Why didn't you discuss your health issue with your manager or the HR department earlier? Any objection to withholding your relieving letter will depend on the discussion you 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, as most employees are concerned about their employment terms and would prefer not to have a negative exit.
Please talk to your manager or another supervisor to resolve this issue amicably. Good luck!
From India, Bangalore
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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 the company still object? I am working as a customer support executive, and I am not in a senior position where the company will be at any loss financially or otherwise with my leaving. What discretion would the company have when the employee is compensating for the contract breach? If they have mentioned "SUBJECT TO COMPANY'S DISCRETION," then the appointment letter is unilateral and not bilateral. As per Indian laws, I assume unilateral contracts are not entertained. Please suggest.
Regards
From India, undefined
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Regards
From India, undefined
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a) Next time, whenever you take up a new assignment, don't sign on the 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 and documented so that in the event of an impasse between you and your employer, you will have something to justify your stance on the alleged act of abscondment.
From India, Mumbai
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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 and documented so that in the event of an impasse between you and your employer, you will have something to justify your stance on the alleged act of abscondment.
From India, Mumbai
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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
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From India, undefined
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