Legal Question in Employment Law in India

Re: Notice Period Resignation

Your query pertains to Indian Contract Act, 1972, and as per the said Act a contract of your employment clearly stipulates term of three months notice and you are bound by it because the contract was not conditional that if lesser period notice is given , either party can recover 'balance' amount. In your contract it is very clear as three months notice or payment of 3 months salary. You have no right to give conditional notice. Chapter VI (section 73 to 75) deals with Consequences on Breach of Contract. In practical world, the Company dictates its terms as per their conveniency since they are very well aware limitations of an individual employee of time and money and expertism, we advise to solve your problem amicably or else the company will deduct full three months salary from dues which you will have to recover thru legal action by filing suit or from your new employer or you will have bear the loss as cost to 'shift'.

Re: Notice Period Resignation

Sir,

Since there is a stipulation in the employment terms, the same has to be strictly followed by both the employer and employee. Hence there is no rescue to it. But if on your proposal the employer has impliedly accepted the same then it would be considered as waiver of such terms. Then you can send such notice otherwise not.