My company is asking me to buy out My company is asking me to buy out

10 months ago

I had mentioned to my manager in March.
That I might be going for an IIM if I get a seat and should I drop the papers then itself and withdraw the resignation if I don't get the prefered college.
He said if i drop the papers they will find another employee to fill up my role so it's better not to drop and once I get the offer letter I should inform him and he will let me go early.
Now 3 months later, dispite my financial condition I got a seat in an IIM and told him I want to leave.
Now he is telling to talk to the HR and the HR wants me to pay for around 2 months salary for Buying out.
The higher management has asked why I dint inform about this earlier that I might leave.
My manager says me not to tell anyone his name.
I'm being forced to pay a lot of money.
What to do?

Legal Counsel Vidhikarya

Responded 10 months ago

View All Answers
A.Dear Client

A relationship between an employee and employer governed by the terms and conditions of the offer/appointment letter. In case the terms of your offer letter require two months advance notice before tendering resignation then you are duty bound to comply with the same. Now when you were misguided by your manager about three months ago that now put you in stress, you may speak out to HR about that but in the absence of any cogent evidence behind misguidance your appeal may not stand. However, considering your career prospects and financial conditions employers should treat the matter leniently instead of forcing you to buy out for acceptance of your resignation. Further, in the absence of a specific stipulation in your offer letter regarding buy-out option for tendering resignation in lieu of compliance of notice period, they cannot force you for buy out. In that case, action of the employer may be treated as unfair labour practice.

Reach out to the Office of the concerned Labour Commissioner and represent your case suitably with all your papers to resolve your grievance.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
question iconEmployment advice
Dear Client, A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...