Check your employment agreement to find out whether or not you have he option of buying out the notice period.
If there's a clause to that effect in the agreement, then they cannot compel you to serve the notice period.
Buyout option issue
Sir, I am working in logistic company from last eleven months and now i got a new job opportunity but my new employer wants me to join by Last week of Sep'17, in that case i am not able to serve my notice period of 2 months. My current company is not relieving me before my 45 days of my notice period and i am ready to opt for a "buy out" option for 1 Month salary adjustment but HR of my current company is saying that there is no option like "buy out" till reporting manager agrees to same.Also my reporting manger is not agreeing to releave me before 45 Days. Please Suggest!!!
Asked 7 years ago in Labour
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
6 Answers
Hello,
1) If the new offer is indeed promising, send in your resignation to the current company stating your last day at work, handover on the last day formally. Do mention your intent pay what is legal in lieu of your not serving the entire notice period.
2) The company cannot stop your right to work or join another company with a better offer. Inform the new company about the practical difficulty with relieving letter at the time of joining.
3) In case the company refuses to give you a relieving letter, you can send a legal notice to force then issue the same.
You have to serve your 2 months notice period
If you fail to serve the notice period your employer would not issue you experience letter and relieving letter
It is at discretion of management to accept buy out option
buy out is not condition precedent but it is based upon rule of equity. you may approach the concerned authority for relieve on this ground if he refuses then you can approach the labour tribunal.
1. You are bound to serve the notice period as contractual obligations rank sacrosanct.
2. Apply to the company to buy out the notice period which is at the pure discretion of the employer. Even if there is no clause for buy out in the contract the employer can still buy it.
You may visit the employment offer letter in which the conditions to be complied shall be clearly written, if the offer letter says that you can pay money instead of notice period, you may make a written representation to the management invoking the said clause and express your willingness to pay the same in lieu of serving the notice period.
