I've been working at my current company (Mumbai, India) for one year. I'm greatly underpaid. I have to handle development and team lead responsibilities, so I work long hours without any overtime (minimum 10 to 11 hours) every day, sitting late hours. I never receive even simple praises for my work. I was even asked to work on Gandhi Jayanti, which is a national holiday in India, by the way.
Notice Period Concerns
My concern currently is that now, when I've found a great job, they are asking me to serve a notice period of 3 months. However, when joining, there was no contract signing or formal process; I was only told to "Please accept this email as my formal acceptance." So, one can say the terms like notice period, PILON, number of sick leaves, almost everything was undefined and vague.
Upon asking to leave, they requested me to serve a notice period of 3 months without ever specifying or agreeing on it. Now, I have decided that I will not let them take advantage of me. I am thinking of not serving the notice period and am open to a buyout/PILON, which was never actually decided in the first place. Currently, I have a company laptop and am working from home because of COVID-19.
Seeking Solutions
How might one approach this? Even if undefined, do I pay for a buyout? I am open to paying for one month in good faith but cannot afford to pay for 3 months as my financial situation is really tight, especially with the COVID pandemic ongoing. I have a gut feeling that they will outright reject me not serving the notice period, but I cannot say for sure about the buyout.
So, I am asking for assistance with some solutions.
From Oman
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Notice Period Concerns
My concern currently is that now, when I've found a great job, they are asking me to serve a notice period of 3 months. However, when joining, there was no contract signing or formal process; I was only told to "Please accept this email as my formal acceptance." So, one can say the terms like notice period, PILON, number of sick leaves, almost everything was undefined and vague.
Upon asking to leave, they requested me to serve a notice period of 3 months without ever specifying or agreeing on it. Now, I have decided that I will not let them take advantage of me. I am thinking of not serving the notice period and am open to a buyout/PILON, which was never actually decided in the first place. Currently, I have a company laptop and am working from home because of COVID-19.
Seeking Solutions
How might one approach this? Even if undefined, do I pay for a buyout? I am open to paying for one month in good faith but cannot afford to pay for 3 months as my financial situation is really tight, especially with the COVID pandemic ongoing. I have a gut feeling that they will outright reject me not serving the notice period, but I cannot say for sure about the buyout.
So, I am asking for assistance with some solutions.
From Oman
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In a fit of annoyance, please do not abandon the employment. You need to get an unblemished relieving letter as well. Put up an application to the MD for his interview and ask for early relieving. If he remains inclement, then file a complaint with the labor office under whose jurisdiction your company falls.
While dealing with the company officials, do not lose your cool even once. Be polite but firm. If possible, record the conversation on your mobile, but do so surreptitiously and cautiously.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072While dealing with the company officials, do not lose your cool even once. Be polite but firm. If possible, record the conversation on your mobile, but do so surreptitiously and cautiously.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Vibhuthi, even if true, your allegation about the vagueness of your contract of employment pertaining to unilateral termination can be accepted only after reviewing the offer letter and/or the appointment orders. If there is a mention that all other terms and conditions of service would be as per the service regulations applicable to the cadre and they prescribe a notice clause of 3 months, then you are bound to comply. The buy-out option of the notice period by the employee is subject to the discretionary acceptance of the employer. The employee cannot insist on this except in exceptional circumstances like critical illness requiring medical confinement.
Secondly, your post reveals that you are employed in a supervisory/managerial capacity. As such, no labor law will help you.
Thirdly, the situation warrants a smooth and peaceful separation as suggested by Mr. Dinesh. It is better to avoid confrontation based on your bitter experience. Seek an audience with the CEO, politely explain the need for your immediate formal separation, and convince him either to waive the notice or to accept your buy-out offer. Nobody is infallible; at times, our gut feelings may guide us wrong regarding our personal or social relationships.
From India, Salem
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Secondly, your post reveals that you are employed in a supervisory/managerial capacity. As such, no labor law will help you.
Thirdly, the situation warrants a smooth and peaceful separation as suggested by Mr. Dinesh. It is better to avoid confrontation based on your bitter experience. Seek an audience with the CEO, politely explain the need for your immediate formal separation, and convince him either to waive the notice or to accept your buy-out offer. Nobody is infallible; at times, our gut feelings may guide us wrong regarding our personal or social relationships.
From India, Salem
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