I have resigned from my job, and the company is asking me to serve a notice period of 60 days. However, I have chosen to work for 34 days. Now, the company is not accepting my resignation. I have stated that they can adjust my balance leave, and if there is any amount to pay, I am ready to pay. However, they are not accepting it. What should I do?
From India, Surat
Acknowledge(0)
Amend(0)
From India, Surat
Acknowledge(0)Amend(0)
Employer's Discretion in Notice Period Buyout
As far as the interest of the organization is concerned, the employer is typically considered the superior party in the contract of employment. This is why an overriding discretion is vested in the employer to either accept or reject the buyout option of the notice period by the employee in the matter of resignation. Whether the reasons are feigned or real, the employer can exercise this discretion as they see fit, ostensibly in the interest of the organization's work.
Therefore, if the likelihood of the employer rejecting the buyout offer is high, the only viable option for an exiting employee is to plan their exit in such a way that they serve most, if not all, of the notice period.
From India, Salem
Acknowledge(0)Amend(0)
6108As far as the interest of the organization is concerned, the employer is typically considered the superior party in the contract of employment. This is why an overriding discretion is vested in the employer to either accept or reject the buyout option of the notice period by the employee in the matter of resignation. Whether the reasons are feigned or real, the employer can exercise this discretion as they see fit, ostensibly in the interest of the organization's work.
Therefore, if the likelihood of the employer rejecting the buyout offer is high, the only viable option for an exiting employee is to plan their exit in such a way that they serve most, if not all, of the notice period.
From India, Salem
Acknowledge(0)Amend(0)
Understanding Your Appointment Clause
The clause of your appointment applies to you. If there is a buyout option clause for the notice period, you can exercise it. Otherwise, you have to serve the notice period as specified in the terms of appointment. When seeking a solution, please attach the letter of appointment for a better understanding of the issues.
From India, Mumbai
Acknowledge(0)Amend(0)
The clause of your appointment applies to you. If there is a buyout option clause for the notice period, you can exercise it. Otherwise, you have to serve the notice period as specified in the terms of appointment. When seeking a solution, please attach the letter of appointment for a better understanding of the issues.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf