LawRato

The company isn’t accepting buyout option and forcing to serve notice


19-Aug-2023 (In Labour & Service Law)
I am willing to serve 30 days notice and buying out the remaining days. But the employer is not agreeing. Below is the contract statement used by them. “In the event of the company deciding to terminate your services at any time after confirmation, the company shall give you 21-days’ notice of termination or 21 day's salary in lieu of 21 days’ notice. If you desire to leave the service of the company before or after confirmation, you shall give 45-days advance notice, or 45-days salary in lieu of notice period of your intention to leave the services of the company. The company will not permit adjusting your leave towards notice period. However, it shall be open to the company to waive the notice period unilaterally and accept your notice of resignation as itself. Such acceptance of your notice of resignation as resignation itself by waiving the notice period shall not be construed as termination by the company.“
Answers (1)

Answer #1
733 votes
Hi as per the employment clause, you can buy out the notice period of 45 days. since you are ready to serve 30 days notice, remaining 15 days can be paid by your towards shortfall of notice period.
contact me for any help.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."