Legal Question in Employment Law in India

Notice Period Resignation

I have a problem relating to resgination. I have given my resignation on 3rd June 2016. As per the employment terms, on resignation or termination, there would be a notice period of 3 months which my organization states is non-negotiable. I have accordingly requested the management to relieve me at two-month notice (so as not to be unreasonable) following which I would be paying the balance notice period amount. However, they now claim that the management will decide whether or not to relieve the employee before three months and are asking to forcefully complete entire notice period. Is there any law that states that employee has to forcefully complete his notice period, even if he is willing to compensate on the shortfall of notice period.


Asked on 7/22/16, 1:27 am

2 Answers from Attorneys

1) No. U hv to comply the T&C of employment.

2) Try to negotiate with the company and request them to relieve u on payment of salary in lieu of notice for left over period.

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Answered on 7/22/16, 1:53 am
Fca Prashant Chavan Expert Edge LLP

24.07.2016

Dear Sir / Madam,

Your stance is justified. There is no labour law which states that an employee is compulsorily required to serve the entire notice period.

Regards,

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Answered on 7/23/16, 6:28 pm


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