Hello Employee007,
I am not sure whether getting into legalities....what this or that Act says or doesn't say.......would be useful to you at this point of time, since you, understandably, would like to avoid confrontation to the extent possible.
Hence, without going into the legalities--where other members are better equipped to give suggestions--let me suggest the course of action in the Worst-case-Scenario.....meaning you will have to adhere to whatever the Company wants you to do to get relieved. In this context, pl note that I am NOT.....repeat NOT.....justifying whatever the Company's stand is in your case.
Prima-facie, BASED ON what you mentioned, I think they KNOW they gave you a raw deal so far but yet don't want to loose you [I have seen such situations where a hard-working employee is taken advantage of to max extent possible].
I would suggest this: talk to the new Company where you got the Offer & explain to them the situation. Request them to bear the costs of the Notice Period Buy-out.
IF you did well in the Interviews & they wouldn't like to loose you AND they have such a Policy of NP Buyout, it's quite likely they would agree....albeit with some conditions. Usual condition in such situations would be to ask you work for a MINIMUM period of time. Though, not unusual, given a choice, I would suggest you to ask the Company to bear the Buyout costs & deduct from your salary over a specified period of time....say 6 months. That would enhance the chances of them agreeing to your request, IF they don't have any NP Buyout Policy AND ALSO preempt any chance of you getting into a Service Bond-like situation.
All the Best.
Rgds,
TS
From India, Hyderabad
1641I am not sure whether getting into legalities....what this or that Act says or doesn't say.......would be useful to you at this point of time, since you, understandably, would like to avoid confrontation to the extent possible.
Hence, without going into the legalities--where other members are better equipped to give suggestions--let me suggest the course of action in the Worst-case-Scenario.....meaning you will have to adhere to whatever the Company wants you to do to get relieved. In this context, pl note that I am NOT.....repeat NOT.....justifying whatever the Company's stand is in your case.
Prima-facie, BASED ON what you mentioned, I think they KNOW they gave you a raw deal so far but yet don't want to loose you [I have seen such situations where a hard-working employee is taken advantage of to max extent possible].
I would suggest this: talk to the new Company where you got the Offer & explain to them the situation. Request them to bear the costs of the Notice Period Buy-out.
IF you did well in the Interviews & they wouldn't like to loose you AND they have such a Policy of NP Buyout, it's quite likely they would agree....albeit with some conditions. Usual condition in such situations would be to ask you work for a MINIMUM period of time. Though, not unusual, given a choice, I would suggest you to ask the Company to bear the Buyout costs & deduct from your salary over a specified period of time....say 6 months. That would enhance the chances of them agreeing to your request, IF they don't have any NP Buyout Policy AND ALSO preempt any chance of you getting into a Service Bond-like situation.
All the Best.
Rgds,
TS
From India, Hyderabad
I agree with suggestion of Tajsateesh.
Plz note, its a matter of fact, most of the employees (at officer/executive category - in general) after period slab of 2-3 years faced & believe that the new joiners are appointed on the higher package and its true also. In many cases, current employer given hike to their employees working from many years too. But for the progress switching the job is necessary. When you would join the new organization might be possible the employees working there from last many years can think the same about you also.
Regarding the calculation of your buyout, go ahead with your policy. All companies have their different policies & in your offer/joining letter. In my view, if they calculate notice period of 3 months on gross then your leave balance of 15 days can be calculated on Gross also.
Also request your current organization to relieve your services in a month or two (As per the joining date specified in your new offer letter), In many cases employer agrees to relieve employees early in one month without buyout.
Is there any law on specific days on notice period or employer still have rights to add as much period they wish to. As far as I know, only one month's notice is required as per the law. But I request seniors to guide on the govt. rules on serving of notice period.
From India, Indore
Plz note, its a matter of fact, most of the employees (at officer/executive category - in general) after period slab of 2-3 years faced & believe that the new joiners are appointed on the higher package and its true also. In many cases, current employer given hike to their employees working from many years too. But for the progress switching the job is necessary. When you would join the new organization might be possible the employees working there from last many years can think the same about you also.
Regarding the calculation of your buyout, go ahead with your policy. All companies have their different policies & in your offer/joining letter. In my view, if they calculate notice period of 3 months on gross then your leave balance of 15 days can be calculated on Gross also.
Also request your current organization to relieve your services in a month or two (As per the joining date specified in your new offer letter), In many cases employer agrees to relieve employees early in one month without buyout.
Is there any law on specific days on notice period or employer still have rights to add as much period they wish to. As far as I know, only one month's notice is required as per the law. But I request seniors to guide on the govt. rules on serving of notice period.
From India, Indore
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