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Resignation Policy

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Resignation Policy

Postby Garanhon » Fri Nov 25, 2016 1:43 pm

I work for capgemini-(French MNC). Notice period in our company is 3 months if i want can i buy out my notice period even if my manager is not ready to relieve me from my duties?

Also confirm if below statement is true & applicable in all states of India & MNCs.

An employer cannot compel an employee, who has resigned, to serve the entire notice period when he is willing to compensate the company, the Bombay high court has ruled. Vivek Phadnis(name changed) and his colleague(name withheld) can finally bid adieu to their long-time employer Rashtriya Chemicals and Fertilisers(RCF) and proceed to their new jobs after buying out their notice period.

Thanks in advance
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Joined: Sat Apr 19, 2014 8:02 am

Resignation Policy

Postby Bevyn » Sat Nov 26, 2016 11:50 am

Contact of employment can be terminated by either party subject to the termination clause of the appointment-letter.

If the termination clause provides that the employment can be terminated either by serving the requisite notice period or pay in lieu thereof,you can terminate the contract by agreeing to pay in lieu of shorter notice.However,if there is no provision to compensate the employer in lieu of shorter notice,you cannot compel the employer to release you based on adjustment in your pay for shortfall in notice period.

Accordingly,you are advised to go through your terms of engagement and take appropriate action in consultation with a lawyer.

Further,I would advise you not to leave your present organisation without obtaining proper release order.
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