- This topic has 1 reply, 2 voices, and was last updated 1 year, 3 months ago by
.
-
Posts
-
-
UOne of my friends has recently resigned from his company in Delhi. He’s switching jobs and the company he’s going to work for cannot wait beyond 45 days but his current company’s policy is to enforce a 2 month notice period. My friend has said – he’s ready to take a 15 – day paycut essentially buying out the notice period and has written a strongly worded email that he is committed to make a smooth transition and will make sure he properly trains the next person who will be hired as his replacement. The company is blatantly refusing to cut down the notice period to 45 days from 60 days. For my friend, it is a really great opportunity to switch jobs as the pay rise is significant.
In addition to that, the HR of this shitty company has refused to acknowledge his resignation email and hasn’t provided any response thus far. She’s also said that the notice period will begin from today (5th of March, 2025) even though the resignation email was sent on 28th of February, 2025 – which in itself is absolutely ridiculous.
That’s the background of his situation, based on this, he has a bunch of questions –
1. Can he just walk out of the company after 45 days since he doesn’t want to let go of this new opportunity? If not, what all options he has? Are these notice periods strictly enforceable?
2. Can’t he just take a paycut and refused to work after 45 days? Is the notice period buyout policy subjective to every company or is that something which is a common practice in the entire industry?
3. If my friend leaves after 45 days and then his HR refuses to give him work experience letter, is there something from a legal standpoint that could be done to fight against it?
-
VFirst thing first read the employment contract well.
Check in the termination clause if the employee has the right to buy out the notice period or not.
If he does, then he needs not serve full 60 days.
Also, notice period begins from the day it was communicated not the day it was accepted.
If the employee does not have the right to buy out his notice period he may have to serve the full period. If he doesn’t the employer will mark him as absconding and it may show in his future background verification.
You must ensure that you return all company property and get an acknowledgement of it.
Your “friend” should spread so much toxicity at work that is he asked to leave soon.
Don’t forget to Name and shame the organization on Glassdoor type sites
-
