HR not allowing me to buy notice period is that legal

524 votes

Question: Asper my contract it says" if you intend to leave the services of the company, you have to give 90 days prior in writing or Notice pay in lieu thereof and vice versa, which may be modified and the same will be notified" I have resigned from my current organisation and want to leave me asap, now HR says you will have to serve 90 days notice period. when i said i am ready to buy my notice period he says you cant do that.... is that legal ?? can't i buy my notice period.??

Ans: if you have 90 days notice pay in lieu of notice period, you definitely have the right to do so and you can issue notice asking for the same.

Advocate Girish Kodgi LawRato

710 votes

question: Asper my contract it says" if you intend to leave the services of the company, you have to give 90 days prior in writing or Notice pay in lieu thereof and vice versa, which may be modified and the same will be notified" I have resigned from my current organisation and want to leave me asap, now HR says you will have to serve 90 days notice period. when i said i am ready to buy my notice period he says you cant do that.... is that legal ?? can't i buy my notice period.??

Yes you can buy the notice period - send a legal notice if they don't agree

LawRato LawRato

822 votes

If your contractual job offer contains the clause as per your statement above means you can buy your notice period and HR can't hold you and the act of HR is not legal. You can issue a legal notice through your advocate to your company.

Advocate Rajesh K.S LawRato

853 votes

You have all the rights to buy notice period as it is accepted by your employer previously. You have to see the terms and conditions in your appointment order of your company whether to pay 90 days salary to the company. If so, pay and obtain receipt for the payment made by you from the Company in order to get relieved immediately. Otherwise, you have to work for 90 days.

Advocate Malhararao LawRato