Legal Question in Employment Law in India

I have a job offer from other company which is paying me higher but they want me to join within a month. But I have a notice period of 3 months, Do I have to serve all this notice period or is there a way out


Asked on 5/04/15, 7:38 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

04.05.2015

Dear Sir / Madam,

You need to do two things. Firstly, refer the terms and conditions regarding notice period with your present Company and confirm whether you are entitled to pay off the amount comprising the basic pay only for the notice period days not served by you to the Company. If yes, check with the Company that has given you the job offer whether they will reimburse you the amount towards notice period waiver that you paid to the existing Company, since they want you to join the new Company prior to the completion of serving the notice period in your existing Company. Based on the outcome, firm up your decision and thereafter, you may inform the existing Company in writing in your resignation letter that you will serve a month's notice period in the existing Company, and request the Company to waive the remaining two month's notice period basic salary, else adjust it from your full and final settlement dues to be paid to you on the last working day.

Regards,

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Answered on 5/04/15, 10:24 am


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