I have secured an admission to an Indian Institute of Management. The provisional admission was granted on the 28th April, 2023 (Friday) and was intimated to my employer on 1st May, 2023 (Monday).
My employer is constantly citing fully serving the notice period of 90 days, and that partial notice buy-out or notice period reduction cannot be undertaken as per company policy. The employment agreement provided at the time of joining does mention that a payment can be made in lieu of unserved notice period, however the same would be subject to company management discretion.
Since the date of joining at the institute is of June 16th, I cannot serve the full notice period and can certainly not let go of the opportunity to pursue higher education. What are the options available to me in this case?
A.Dear client,
Considering your better career prospect on completion of a course from IIM and present terms of employment and the dilemma arising out of tender of resignation, following option may be pondered.
> You have served the notice tendering your resignation in compliance with the terms of contract of employment with a provision of deduction of unserved notice period and that depends upon the discretion of the management and such a discreation should not be applied to prevent any deserving employee from his career growth. So let the matter be decided by them. In case the decision appears to you discriminatory or affecting your career, you may lodge a complaint with the concerned authority(Labour Commissioner) over alleged discrimination and unfair labour practice.
> Secondly, if you feel your career prospect on the persuasion of the course overweighs the present one then go-ahead and put focus on it ignoring all these present issues or mental agony.
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Dear Client,
If the payment of shift allowance does not appear in your offer/appointment letter or the wage and salary policy of the Company, you cannot claim it as a matter of right. Other than the d...
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