Legal rights of any person become enforceable only when the corresponding legal obligations stand fulfilled by him. Here, in this thread, the one and only need of the poster is to get relieved from the present organization without serving the long notice period so as to join another immediately or in time. Therefore, medical reasons are cited as a ploy to justify the stand only. Sensing this exactly, the employer tries to delay the process of exit by strictly sticking to the notice clause or suggesting an unacceptable alternative.
Various suggestions were given by M/S Dinesh and Nathrao after weighing the pros and cons of all the alternatives. But, the questioner is insistent on a safe solution only that too without affecting her employability. One can not have the cake and eat it too.
It is equally true that no unwilling employee can be compelled by the employer to be in service as that of no unwilling employer can be compelled to retain an unwanted employee in service. But, established procedures like that of convention or contractual or legal should be observed by both in a situation of unavoidable separation.
Let the poster approach the problem with equanimity as suggested by Rao rather than toying with fanciful ideas like going to National Commission of Women. At times it may boomerang too, who knows! With the frank admission of the poster about her actual desire and need, no one can find fault with the stand of the employer. Therefore, let not the poster precipitate the issue unnecessarily for the employer too has his native intelligence in such a situation.
From India, Salem
5967Various suggestions were given by M/S Dinesh and Nathrao after weighing the pros and cons of all the alternatives. But, the questioner is insistent on a safe solution only that too without affecting her employability. One can not have the cake and eat it too.
It is equally true that no unwilling employee can be compelled by the employer to be in service as that of no unwilling employer can be compelled to retain an unwanted employee in service. But, established procedures like that of convention or contractual or legal should be observed by both in a situation of unavoidable separation.
Let the poster approach the problem with equanimity as suggested by Rao rather than toying with fanciful ideas like going to National Commission of Women. At times it may boomerang too, who knows! With the frank admission of the poster about her actual desire and need, no one can find fault with the stand of the employer. Therefore, let not the poster precipitate the issue unnecessarily for the employer too has his native intelligence in such a situation.
From India, Salem
Dear Sir,
I agree what you are saying, but I am not a bonded labor and no one can force me to work against my will. Even if contractual or legal obligation is there and I am breaching the contract, what is the maximum liability on me. According to my understanding, the maximum my employer can do is to pay for the shorter notice and I have already agreed that I am ready to buyout my notice period.
What is your view on this, or can you forsee any other liability/ implication?
Regards
From India, Delhi
I agree what you are saying, but I am not a bonded labor and no one can force me to work against my will. Even if contractual or legal obligation is there and I am breaching the contract, what is the maximum liability on me. According to my understanding, the maximum my employer can do is to pay for the shorter notice and I have already agreed that I am ready to buyout my notice period.
What is your view on this, or can you forsee any other liability/ implication?
Regards
From India, Delhi
Madam,
My observation may sound like partial and fortify your conviction about the legal right of an employee to exit as and when s/he desires. But the underlying intention is out of a comparitive analysis of swapping long term career benefits with a small gain in a job. It is true that basically employment is not more than a mere contract which is certainly terminable at the option of either of the parties to it. But my emphasis is on the peaceful separation when the one wantonly refuses to relax the condition for exit under a preconceived notion about the other's true intention. I am not sure whether the exit clause imposes an equal restriction on the part of the employer too if he resorts to unilateral termination. If it is so, you can resign and walk out simply after remitting the buy-out amount without a formal relief and fight it out later. What about the stand of your prospective employer? Would he value your joining his services more than such a disputed relief from the previous organization? Can't he grant sufficient time for you to join after hassle-free exit?
From India, Salem
My observation may sound like partial and fortify your conviction about the legal right of an employee to exit as and when s/he desires. But the underlying intention is out of a comparitive analysis of swapping long term career benefits with a small gain in a job. It is true that basically employment is not more than a mere contract which is certainly terminable at the option of either of the parties to it. But my emphasis is on the peaceful separation when the one wantonly refuses to relax the condition for exit under a preconceived notion about the other's true intention. I am not sure whether the exit clause imposes an equal restriction on the part of the employer too if he resorts to unilateral termination. If it is so, you can resign and walk out simply after remitting the buy-out amount without a formal relief and fight it out later. What about the stand of your prospective employer? Would he value your joining his services more than such a disputed relief from the previous organization? Can't he grant sufficient time for you to join after hassle-free exit?
From India, Salem
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