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Notice period buyout during probation
2 weeks ago
I have join HCL on April'24 .Now due to some personal reasons I want to resign and they have 90days notice period policy (buyout options is available an mentionedin offer letter). As I am on probation and I am ready to server 30days and rest of the days I would like to buyout . Can HR or manager stopped me legally to opt for this options? How to tackle it and go for buyout options?
A.Dear Client,
If the company's policy does not include provisions for buying out a portion of the notice period, you cannot request it as a guaranteed option. You must either fulfill the entire 90-day notice period or opt for buying out the entire period to have your resignation accepted and be relieved from your duties. Typically, the company's HR policy and other relevant policies are provided to new employees upon joining. If you haven't received these documents, you can request a copy from the company to understand your options regarding buying out a portion of the notice period. Disputes between an employee and employer can be addressed before the relevant authorities such as the Labour Commissioner, Labour Court, or Industrial Tribunal, provided the employee meets the definition of a "workman" under Section 2(s) of the Industrial Dispute Act, 1947.
If the company's policy does not include provisions for buying out a portion of the notice period, you cannot request it as a guaranteed option. You must either fulfill the entire 90-day notice period or opt for buying out the entire period to have your resignation accepted and be relieved from your duties. Typically, the company's HR policy and other relevant policies are provided to new employees upon joining. If you haven't received these documents, you can request a copy from the company to understand your options regarding buying out a portion of the notice period. Disputes between an employee and employer can be addressed before the relevant authorities such as the Labour Commissioner, Labour Court, or Industrial Tribunal, provided the employee meets the definition of a "workman" under Section 2(s) of the Industrial Dispute Act, 1947.
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A.Dear Client,
If there is no provision for a buyout of a fraction period of the total notice period in the policy of the Company, you cannot opt for it as a matter of right. Either you have to serve the entire notice period of 90 days or opt for a buyout of the entire notice period to get your resignation accepted and relieved from the Company. Normally, the Company's HR Policy and other policies are given to the new incumbent at the time of joining. In case it is not given at the time of joining or thereafter, you can ask for a copy of the policy from the Company to ensure your stand about the buyout of the fraction period of the total notice period and take steps accordingly. A dispute between an employee and employer is resolved before the Labour Commissioner concerned, Labour Court/Industrial Tribunal provided the employee is a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. In case you are holding the position of Manager or Administrative Officer, then you have to file a civil suit against the Company for appropriate relief in the matter.
If there is no provision for a buyout of a fraction period of the total notice period in the policy of the Company, you cannot opt for it as a matter of right. Either you have to serve the entire notice period of 90 days or opt for a buyout of the entire notice period to get your resignation accepted and relieved from the Company. Normally, the Company's HR Policy and other policies are given to the new incumbent at the time of joining. In case it is not given at the time of joining or thereafter, you can ask for a copy of the policy from the Company to ensure your stand about the buyout of the fraction period of the total notice period and take steps accordingly. A dispute between an employee and employer is resolved before the Labour Commissioner concerned, Labour Court/Industrial Tribunal provided the employee is a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. In case you are holding the position of Manager or Administrative Officer, then you have to file a civil suit against the Company for appropriate relief in the matter.
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