Employer not relieving early with buyout option (as per contract)
Dear Sir/Ma'am,
I have resigned on 21-Oct-2015 with the reason of separation given as 'Family reasons and my parents' prevailing heath issues' and requested to relieve me by 20-Dec-2015. But my manager did not consider my request and asked me to serve 90 days of notice period.
Now, during this period, unfortunately my father's health deteriorated and got hospitalized with a minor heart attack on 20th Nov, 2015.
Subsequent to this, I wrote (via email) to HR head and my manager that I need to move back to my homeplace to take care of my family and parents and hence to relieve me by 15th Dec 2015, submitted the relevant hospital reports and informed that I am ready to pay the basic salary in lieu of the remaining days of notice (excersizing the right to do so as given in the notice period clause of appointment letter).
But, despite of all that, the HR and Manager not ready to relieve me and asking me to take leaves and/or go on Leave without Pay, saying that they will send the relieving letter on your last day after completing notice period of 90 days.(verbal communication)
Meanwhile, I got another offer in Delhi/NCR , which I am taking as an opportunity to stay with family and parents. But the new employer asking me to join early within December, 2015 else the job offer will stand expired.
I have not informed the current HR about his job offer because they will possibly try to retain me intentionally after hearing about the same.
All I am expecting is a proper relieving with clearing all the dues and full & final settlement as per my rights.
Please advise & suggest the possible legal ways in order to get relieved by 15th Dec, 2015.
Thanks,
Tapish
Asked 9 years ago in Labour
Dear Sirs,
Thank you for your valuable suggestions.
Pls refer the notice period clause mentioned in the appointment letter/ letter of employment:
"Notwithstanding anything contained herein, the company, in its sole discretion, may terminate your employment without cause by giving three months' notice in writing or payment of pro rata three months' basic salary, in lieu thereof. Likewise, you may resign from employment without cause by giving three months' notice in writing or by payment of pro rata three months' basic salary, in lieu thereof. In the event of your resignation, the company in its sole discretion will have an option to accept the same and relieve you prior to the completion of the stipulated notice period of 3 months, without any pay in lieu of notice period."
Could you please suggest for the below points:
1). As per the notice period clause, I am ready to pay the basic salary in lieu of the remaining notice period and requesting to get relieved. Then, can the HR/ employer force me to serve 90 days or ask me to leave on loss of pay and not relieve me as per the date? If yes, then by which laws or policies.
2). Allthough, I have communicated everything by email, but should I send a detailed resignation letter by Registered post / courier mentioning the reason and write in clear words that I would not be able to serve 3 months notice and ask for relieving by 15th Dec, 2015 by paying pro rata basic salary in lieu of remaining notice period?
3). I have tried talking with the manager and HR, tried to sort the issue amicably, but they are not considering the situation and insisting to go on Leave without Pay and they will send the relieving letter later after completion of 90 days. Could you please suggest any point which can convey my message/ intention in a polite manner and can bound the HR to relieve me as requested.
4). In case the HR relieves me from duties by asking me to go for Leave without Pay on 15th Dec, 2015 without any relieving letter or so, can I join the new employer showing the email confirmation or relieving?
5). By sending a legal notice, could I expect the company to act on the same within 7 days and relieve me as requested.
Thanks again for your advice. Hope to get a response soon. Your suggestions will be very helpful for me.
Asked 9 years ago
