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Company Not Accepting Buyout - Jpg Download - CiteHR

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apps007
Dear All
I work with a MNC in pune, i'm with this company for 3.5 years and in the current project for 2 years. I've been released from my current project i.e. i'm on bench now.
I want to leave the company immediately (10 day notice) or i'm ready to buyout 90days notice.
Can my company refuse to accept my buyout option i.e. force me to work for them for 90 days.
this is what my offer letter says:
*You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof.
the is one point in end that says(scaring me):
Any or all of the terms and conditions of service may be modified or changed at company's discretion
(above point says T&C can be changed, but it doesnt say i have to follow it)

From India
Amit27
Dear apps007,
*You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof.
If the above words are mentioned in your letter then I dont think you will face any issue.apart from this I suggest you to have words with your immediate superior and the HR about this.every issue will get solve but the condition is how you manage the situation.have a good talk with them.All the very Best

From India, Pune
apps007
Amit27
thanks for you suggestion. I'm trying my best
The manager in whose project and everyone else is surprized then what the problem.
whats you opinion abt this line:
Any or all of the terms and conditions of service may be modified or changed at company's discretion

(above point says T&C can be changed, but it doesnt say i have to follow it)

From India
Amit27
Hey Apps, every letter has this kind of content,but ultimately as i said you have to mange them and convince them.I am sure you can do it as you are having 3.5 yr expr.in this company.
From India, Pune
bharathraj001@gmail.com
2

The lines that are mentioned by you are Standing oreders between the employee & Employer. Nothing to worry about the lines.
There are chances that, if the project you are working have no performers, you may not be relieved immediately. You need to understand the project's importance as well, as a team player.
Its the employer's decision whether "can be relieved you immediately or not" or the depends upon the explaination or discussion you may take with the management in explaining the seriousness / willingness to leave.
All the best!!
Bharath R
Employee Care
Cybernet Slash Support (CSS)

From India, Madras
apps007
There are chances that, if the project you are working have no performers, you may not be relieved immediately. You need to understand the project's importance as well, as a team player.

the whole point is that my assignment to the project is over and i'm not at all required in the project. its just the reliving person who seems not getting it.
I had a word with an advocate and showed him my offer letter. he said i can buyout as its mentioned in the offer letter and though its written in the offer letter that term and condition might be changed by company and to be abiding by the employees but they cant make such decision just like that.
Buyout my notice period is my right not companies.
tomorrow my company will decide: your salary is zero, you work 16 hours a day and you have no write to leave the company by giving notice or the buyout. :D
i want things to go smoothly and do my best for it.. but beyond a point it will be a lots of snowballing. :)

From India
varunrajput7
hi according to me the condition given by the company is onesided and as per law you can resigne by giving one month notice .
From India, Delhi
ashok767
Hi,
'Terms and conditions can be changed at company's discretion' - ACCEPTABLE -BUT THEY HAVE TO INTIMATE U THE EXACT CHANGE IN POLICY.
In the event nothing is put in writing, they cannot force something on you.
If you have hassles, seek a professional help and send them a legal notice. The standard norm is that in the absence of notice period, they can deduct one months pay and settle your dues.

From India, Mumbai
verma_swati
1

When it is specifically mentioned in your offer letter
"You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof
" then why will company have any problems in releasing you when you are ready to pay 3 months basic salary.Since you already on bench I don't think the company will have any issues in releasing you . Company can create some problems if you are working on a critical skill.What I would suggest is speak to your HR manager first and then put your papers.
Regards,
Swati Verma


From India, Delhi
tapanamoria
Your company can not force you to work for notice period. There are several court cases where it has been decided that employement contract is not to be subjected for specific performance. At the most damages to the maximum of notice period can be claimed by employer.
From India, Pune
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