Legal Question in Employment Law in India

Notice Period Resignation

I have a problem relating to resgination. I have given my resignation on 20th March 2017. As per the employment terms, on resignation or termination, there would be a notice period of 3 months or 3 months notice pay on either side. I have accordingly requested the management to relieve me at one 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. The reason cited is that they donot have a replacement. However that is not a part of the employment terms. Can I contest and give them a show cause as to why i cannot be relieved before the 3 month notice?


Asked on 3/20/17, 3:37 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.03.2017

Dear Sir / Madam,

Since your Appointment Letter clearly states notice pay in lieu of notice period, you are legally right in requesting the Company to serve one month's notice period and pay the salary (basic pay only) for the remaining two month;s notice period not served by you. Amicably resolving and settling the matter with the Company is advisable and recommended.

Regards,

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Answered on 3/20/17, 3:49 am


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