I have resigned from the company asked them to release me in 2 weeks and asked them to deduct the shortfall of notice period amount from my salary as per my employment contract.
But HR is saying they will not give the relieving letter.
I am posting some points from the separation policy the notice period is for 90 days as usual in Software Company.
Please read the below points and let me know whether I can opt for buyout option or not.
1)In case of voluntary separation, the employee should discuss with the reporting
manager and reach a consensus on the relieving date. Where t h e client commitments
do need a full serving of the notice period, the manager reserves the right and owns
the responsibility for ensuring that full notice or partial notice as is reasonable is
served by the employee.
2)If the employee doesn’t serve the full notice period and the same is not waived off by the
manager concerned, the shortfall of the notice period will be recovered on or before the last
working day of an employee and the notice shortfall will not be adjusted against the privilege
leave balance. Therefore, the employee will be entitled to receive the leave encashment for
the privilege leave balance as on the last working day along with the full and final settlement.
The employee will only be entitled to receive the leave encashment for a maximum of 10
days. For the computation of encashment, only the basic salary will be considered.
3)In case if employee resign from the service, employee have to serve a notice period as per the
offer letter before leaving the Organization. If employee do not serve the notice period,
employee will have to pay to the Company on the shortfall of the notice period, if the notice
period is not waived off by manager.
4)Employee’s service can be terminated by giving notice as per offer letter or by paying gross
salary in lieu thereof in case of voluntary resignation.
Please help me.
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