Dear Senior Members,

This is in regards to one of my friends working in retail chain company.

He has served a short notice period of 6 days in his old company and then joined his new employer. While resigning he has stated the fact that due to personal reasons he cant serve full notice period and is ready to pay back the required F&F amount. His manager got irritated from him on receiving his resignation mail and out rightedly refused to relieve him from his duties and overruled the pay back amount thing.

But since he was getting good growth with his new employer, my friend left after 6 days, submitted all the company assest and joined his new employer. During those 6 days they didnt discussed anything, not tried to retain him, spoke about his handover.

Now his old employer is asking him to serve his full notice period, threatening him that they would take legal disciplinary action. My friend told them he is ready to pay back the notice period amount. But they are not ready to listen. emphasising on serving notice period.

Notice period serving or payback in lieu of the amount is mentioned in his appointment letter.

But his old employer are over ruling all things.

Please suggest what step can be taken by the old employer and how can the employee[friend] can counter act.

From India , Meerut
Dear Alpa
Hope your friend is having the appointment letter issued by old employer in which the Buy back of Notice Period option is available.
If they go legally and move to any court of law, he can produce the appointment letter issued to him and as per that he can pay the amount whatever it may be to buy back the Notice Period. For waiving off the interest and penal charges he can send a written letter for accepting the cheque for buying back the Notice period as per the appointment letter. (If he send the cheque then if the company taken the money means they cannot file any case against your friend and if they have not withdrawn the money, then also you need not to worry because after some times whenever they proceed legally, that time you can add this as your support for defending the case and by which you need not pay the fine or penalty or any interest for the payment in lieu of notice period.

From India, Kumbakonam
Dear Sir,
First , Thanks for the advice . My friend has the appoitment letter with the mentioned clause.
Want to know one more thing, his old employer is actually behaving in a very stubborn manner, everytime stating that you have to serve full notice period , and not replying a single word on notice buyout thing. Which is actually causing worry now.
Can they plan legal action like termination ? if yes then it can have a very negative effect on his carrier. and though he has formally written mail of resignation and has proof of that.
Please guide.

From India , Meerut
Dear Alpa

Hope your friend might have submitted his resignation with the last date of his work and about the notice period buy back clause.

Now let your friend send a registered post with ack due addressed to that company a letter alongwith his resignation letter copy (for support) and cheque for the notice period buy back amount, to his HR Department. If they withdraw the money means there is no issue of demanding for serving full notice period, If they go for legal action through court of law, then your friend can plead that there is a clause for buy back of notice period in his appointment letter and as per that he has remitted the money through a crossed check for ______ amount.

But he must keep also his correspondence duly documented properly to face any situation.

If the last date of attendance and Notice period buy back is mentioned in the Resignation letter and the same got acknowledged, then the company cannot go for any legal action and even they cannot terminate and spoil his career. Because for termination also, the company has to give proper reason.

From India, Kumbakonam
Dear Sir,
My friend has the last date of work and notice period buy out mentioned in his resignation letter; but the old employer has not acknowledged in sense of acceptance but in denial.
But i think Sir, the course guided by yourself is sufficient and handful to me to deal with the present scenario.
Would get in touch with you again if face any other difficulty in this regards.
Thanks a lot for your support.

From India , Meerut
Depends on the languge used in offer cum appointment letter on the issue of resignation or termination. Can you lease quote the conditions included in his offer cum appointment letter about resignation termination?
From India , Delhi
Your friend should immediately serve a notice to accept Salary in lieu of notice period. Than sit back. Let the old employer take legal actions.Employer will fail in that. Rasik Dagli Advocate.
From India , Ahmadabad
Hi Alpa,

Watching this post for a long time... however its not clear how long your friend worked at the retail chain and at what position. I am asking u so as lot depends on these factors.

Many learned members have already said lots... however there is a easy way out... threat is one thing and doing it actually is another... I know many IT / BPO / KPO Co. who threat that any employee leaving without proper notice would be black listed in some non existing NASSCOM site where as no such site even exists !!!

Tell your friend to be firm and ask his employer to serve him a show cause legal notice from a court or labour commissioner. Else just ask him to ignore all threats from such self made Industrialist. The store cant do anything.

Assuming the worst happens, all that this store can do is send him a termination letter which he can just throw away.

I am telling you so as his new employer is in no way interested in his release letter as they have already employed him without one or experience letter so ask your friend to stop worrying and lead a saner life.... Cheers !

From India , Calcutta

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