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Indian Law/RE : BUYING NOTICE PERIOD

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Question
Dear Sir, I have resigned from my company serving a notice of one month on Dec, 2012 that has a notice period of three months (with a buying out option as mentioned on the offer letter) But the company wants me serve for three months whereas I have to join another company on 9th Jan.  I am ready to pay for the shortfall in the notice but they seem disagree.I need my relieving letter too. Please suggest if they can hold my relieving letter and also my gratuity as I am working in this company for last 5.5 years.

Answer
Rachna:

1, If your appointment letter provides for your buying notice period, then your employer has to honour it. Also your gratuity cant be held.

2. Suggest to bring the above to your old employer's notice verbally and also by way of written letter, also seeking relieving letter.

3. If the 2. above works, your problem is solved.

4. If the 2. above does not work, then you should inform this situation to new employer and request the new employer to let you join without relieving letter providing to the new employer, evidence of your having resigned, your request to old employer requesting to relieve early and offering to buy notice period, your eligibility to buy notice period. Your new employer should let you join on this basis.

5. If the 4.above does not work and your new employer keeps insisting for relieving letter of the old employer, then you have to keep pursuing 2 above and get the relieving letter by follow up, request, urging etc.

Please keep your cool and be polite and yet firm and purse with your old employer and you should get the desired result. Please note it is always advisable to keep amicable relationship with all employers and hence keep your cool and avoid fight;though you are right and you have a reason to fight!!

Trust, this helps.

Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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