I am associated with one of the most reputed MNCs, and I have recently resigned. The issue is that the current employer is forcing me to serve a 90-day notice period even after I have agreed to pay the 2 months' damages and serve a one-month notice period. As far as the company policy is concerned, it is clearly mentioned that either you have to serve 90 days or you can buy out, but it depends upon the management decision ultimately.
What should I do? Should I go to legal? If yes, please suggest with Act...
Regards
From India, Pune
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What should I do? Should I go to legal? If yes, please suggest with Act...
Regards
From India, Pune
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If notice buyout is mentioned in your termination clause, you have to convince your management about the same and have a smooth exit.
From India, Ahmadabad
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747From India, Ahmadabad
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Apart from convincing, you cannot do much. It is the ultimate discretion of the management.
From India, Kolkata
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From India, Kolkata
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What was the bond amount (if any) ? What is the amount you are willing to pay? Also state your position and role?
From India, Kolkata
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From India, Kolkata
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Unfair Clause in Employment Contract
Your employment contract does not state that salary may be paid in lieu of notice when either party serves to terminate employment. However, as you pointed out, it does say that in the event of a termination of service by either party, only the management has the discretion to waive it by agreeing to payment in lieu. This is a one-sided unfair clause. I am not a lawyer, and I would suggest you consult a lawyer or the relevant ministry in your state. Legally, it is an unfair clause, and your offer of 2 months' salary plus one month of service as notice is, in my view, fair.
Find out from the internet what the test cases in your state are relating to such matters. Find out if there have been some previous court cases concerning this issue.
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From Singapore, Singapore
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Your employment contract does not state that salary may be paid in lieu of notice when either party serves to terminate employment. However, as you pointed out, it does say that in the event of a termination of service by either party, only the management has the discretion to waive it by agreeing to payment in lieu. This is a one-sided unfair clause. I am not a lawyer, and I would suggest you consult a lawyer or the relevant ministry in your state. Legally, it is an unfair clause, and your offer of 2 months' salary plus one month of service as notice is, in my view, fair.
Find out from the internet what the test cases in your state are relating to such matters. Find out if there have been some previous court cases concerning this issue.
Regards
From Singapore, Singapore
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In your case, the company is trying to squeeze you because they know very well that you will need experience cum relieving letter. They also know that the antecedents of the employee are verified from the past ex-employer, and they are trying to pressurize.
I hope that you have clearly mentioned everything in your resignation letter. Your stand is perfectly alright, so do not change it. Escalate it to the highest level.
From India, Thane
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I hope that you have clearly mentioned everything in your resignation letter. Your stand is perfectly alright, so do not change it. Escalate it to the highest level.
From India, Thane
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