90,000+ Legal Questions Answered

Advice needed on notice period buy out Advice needed on notice period buy out

4 months ago

I resigned my job and i provided notice period of 15 days only. However according to company policy notice period was 45 days. Now they were giving me option of buy out notice period as i have not signed on any bond/contract/joining letter of the company. From their side they have deducted 30 days amount. Please guide me what can i do in this case.

Anik

Responded 4 months ago

View All Answers
A.Dear Client,
In your situation, since you haven't signed any bond or contract specifying a notice period, the company may not have a strong contractual basis for enforcing the 45-day notice period. However, company policies often act as internal rules. If you were aware of the 45-day notice period policy, it might be considered an implied agreement even without a signed document. Regarding the buyout option, if it wasn't explicitly communicated and mutually agreed upon before you resigned, you may contest the deduction of 30 days' amount. It's advisable to communicate with your HR or relevant department, express your concerns, and seek clarification on the deduction. If the matter remains unresolved, you might consider seeking legal advice to understand the enforceability of company policies in the absence of a signed agreement and to explore potential courses of action based on local employment laws.
Thankyou
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

Legal Counsel Vidhikarya

Responded 4 months ago

View All Answers
A.Dear Client,
When you tendered your resignation serving a notice period of 15 days instead of 45 days as required under the terms of employment, the company following its buyout policy deducted 30 days' salary from your F & F dues. Since there is no wrong on the part of the Company, so it deserves no action from your end.
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 iconNo Leave Encashment - Worked for 18 plus years in the organization
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...
question iconSalary FnF not done
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...
question iconShift Allowance
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...
question iconNotice period on probation period in company
Dear Client, Yes, of course, the Company can take action against you for breach of the terms of the contract as per its HR policy. Once you accept the Company's offer letter, you should abide by its...
question iconCan a company deny experience-relieving letter for violating NDA
Dear Client, For a breach of the terms of an employment contract, an employer can take legal action against the employee claiming damages arising out of the breach of said contract. But the action of...