Employers not agreeing to notice buyout and forcing to serve notice period
2 years ago
willing to serve 30 days notice and buying out the remaining days. But the employer is not agreeing. Below is the contract statement used by them.
“In the event of the company deciding to terminate your services at any time after confirmation, the company shall give you 21-days’ notice of termination or 21 day's salary in lieu of 21 days’ notice. If you desire to leave the service of the company before or after confirmation, you shall give 45-days advance notice, or 45-days salary in lieu of notice period of your intention to leave the services of the company. The company will not permit adjusting your leave towards notice period. However, it shall be open to the company to waive the notice period unilaterally and accept your notice of resignation as itself. Such acceptance of your notice of resignation as resignation itself by waiving the notice period shall not be construed as termination by the company.“
Ayantika Mondal @ Prime Legal
Responded 2 years ago
According to it, your company can accept the resignation letter from the employees even before the notice period and waive the notice period of the employee. But if the company wants to terminate you, they have to give 21 days of notice in advance.
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According to the stipulation you have mentioned, the company is empowered to accept your resignation letter even before the notice period of 45 days and you shall be terminated as if you have resigned from the company and that won't be construed as termination by the company. That clause is valid and that gives the company to accept the resignation of employees even before the notice period.
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Lucem Leg
Responded 2 years ago
A.Dear Sir,
As per the statement you have written here simply means that if you want to leave the service and do not want to serve the notice then you will have to give advance notice of 45 days or 45 days of salary because you want to leave the company without serving the notice period. As company will adjust your leaves during the notice period. It is the discretion of the company to waive off your notice period.
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