Notice period - wont able to serve notice period
9 months ago
Currently im working with infosys and i was initiate resignation but i wont able to serve notice period and im ready to buyout notice period but my manager & HR force me to serve notice period and rejects my request. What can i do? Can i go to court for this? Is this violation of human rights?
A.Dear Client,
In the absence of a condition of buyout exit policy in the contract of employment, you cannot opt for that if you are not in a position to serve the notice period on tendering resignation from the Company. You may face legal action for breach of contract and your relieving letter, F &F Settlement dues may be withheld which may adversely affect your career at the time of Back Ground Verification before joining another company. So, considering all these factors, you may review your decision.
In the absence of a condition of buyout exit policy in the contract of employment, you cannot opt for that if you are not in a position to serve the notice period on tendering resignation from the Company. You may face legal action for breach of contract and your relieving letter, F &F Settlement dues may be withheld which may adversely affect your career at the time of Back Ground Verification before joining another company. So, considering all these factors, you may review your decision.
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A.Hi client,
Serving of notice period is a mandatory thing. It has to be done, before you leave your current working place. If not so is being served, there are certain penalties which are to be paid or any other clauses to be fulfilled.
If you think that they are committing wrong, you can send them a legal notice first. Let an advocate review the contract details between you and your company for further clarification.
Thanks and Regards
Serving of notice period is a mandatory thing. It has to be done, before you leave your current working place. If not so is being served, there are certain penalties which are to be paid or any other clauses to be fulfilled.
If you think that they are committing wrong, you can send them a legal notice first. Let an advocate review the contract details between you and your company for further clarification.
Thanks and Regards
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A.Dear client,
If you find yourself in a situation where you want to resign from your job but are unable to serve the notice period, you typically have a few options to consider:
Negotiation: You can try to negotiate with your employer, including your manager and HR, to see if they are willing to be more flexible regarding your notice period or accept a buyout option. Explain your reasons for not being able to serve the notice period and try to find a mutually agreeable solution.
Company Policies: Review your employment contract and company policies to understand the terms and conditions related to resignation, notice period, and buyout options. Companies usually have specific guidelines in place for these situations.
Escalation: If you believe your request is reasonable and your employer is being uncooperative, you can consider escalating the matter within the company. You may reach out to higher-level management or the HR department and explain your situation in detail.
Legal Advice: If you feel that your rights are being violated or you're facing undue pressure to serve the notice period, you may seek legal advice from an employment lawyer to understand your rights and options under the employment laws of your country or region.
Regarding the violation of human rights, typically, employment-related issues are regulated by labor laws and employment contracts rather than human rights laws. However, employment laws can vary significantly depending on your country or region. If you believe your rights are being violated, it is essential to consult with a legal professional who is familiar with the labor laws in your specific jurisdiction.
If you find yourself in a situation where you want to resign from your job but are unable to serve the notice period, you typically have a few options to consider:
Negotiation: You can try to negotiate with your employer, including your manager and HR, to see if they are willing to be more flexible regarding your notice period or accept a buyout option. Explain your reasons for not being able to serve the notice period and try to find a mutually agreeable solution.
Company Policies: Review your employment contract and company policies to understand the terms and conditions related to resignation, notice period, and buyout options. Companies usually have specific guidelines in place for these situations.
Escalation: If you believe your request is reasonable and your employer is being uncooperative, you can consider escalating the matter within the company. You may reach out to higher-level management or the HR department and explain your situation in detail.
Legal Advice: If you feel that your rights are being violated or you're facing undue pressure to serve the notice period, you may seek legal advice from an employment lawyer to understand your rights and options under the employment laws of your country or region.
Regarding the violation of human rights, typically, employment-related issues are regulated by labor laws and employment contracts rather than human rights laws. However, employment laws can vary significantly depending on your country or region. If you believe your rights are being violated, it is essential to consult with a legal professional who is familiar with the labor laws in your specific jurisdiction.
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