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Can An Employer Force To Serve The Notice Period Even If There Is Buy Out Option Available - CiteHR

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coolvini774
I'm working in a pvt. ltd. company. When I signed the appointment letter it was clearly mentioned "your services shall be terminated by either party giving 2 months notice or salary in lieu thereof". But later on within the confirmation letter they've changed this term as "As a confirmed employee you'll be required to pay 2 months notice or salary in lieu thereof in case you decide to leave our services subject to company's discretion".
According to HR I've to serve full 2 months notice period, there is no option to buy out in any case. Management will not consider the buy out option.
But the new organization I'm willing to join is ready for one months time (can be negotiated by a week but not more then that). I'm ready to serve the current organization as much I can (more than a month) and even ready to pay 2 months salary in lieu thereof but my current employer is not ready for that. Please suggest what I should do.

From India, Jaipur
sandi_joshi
42

Dear Coolvini, With ref. of above cited matter, Just submit you resignation, in that mentioned your last working day, keep a copy with you along with their receiving.
From United Arab Emirates, Dubai
coolvini774
Thanks Sendi.
I've already resigned but at that time didn't mentioned the date. But as the HR is not willing to listen to me at all and only response I'm getting from them is "You've to serve full 2 months notice period, there is no other option.".
Looking at the situation I might need to go under the knife and take some action. But would need a proper guidance what to do and how to do. That would be much appreciated if you could suggest me a way.
Best,
Vinay

From India, Jaipur
sandi_joshi
42

Dear Vinay, For further assistance please call on mentioned number.
From United Arab Emirates, Dubai
rdsyadav
142

If your management is not ready to waive off your notice period, your relieving wont't be possible. Request your boss that you are available otherwise after relieving and try to convince that shortfall of notice period of few days if can not be waived off, then you will be happy to apply leave .Your request and rapports with seniors can only liberate you technically from getting relieved at this moment.
From India, Delhi
kanika kapoor
35

Hi,
check if you have leaves and if that could be adjusted...Please speak to your new company and ask if they are ok if you have only the resignation copy and not an experience letter.
regards,
Kanika Kapoor

From India, Delhi
coolvini774
Thanks all for your response.
Just want to confirm if I've communicated to the HR that I can't serve the notice period more then a month (already serving) and later on I will not be working here, In that case can I ask for the relieving documents or the company can mark me as abscond and won't give me any document.
@Kanika: I've tried if this can be settled with my leave balance, but they are not ready for that as well. All they want is me to work for two months, whether I agree or not.
Does the company have the right to take any decision whether I agree or not? They are forcing me to do this, is this right and according to law??
If I proceed according to company rules and after two months I don't have any job in my hand in that case what I'm supposed to do??? Am I not supposed to think about my future???

From India, Jaipur
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