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Ashoke   22 September 2015

Notice period

Hi,

I was not provided with the employment contract when I joined the company. I gave my resignation after a month of working. Initially they told two months notice period and I can buyout. I was willing to do that, but later they wanted me to serve one month notice period and buyout the other month. I had completed all my tasks, so I requested to be relieved without serving the notice. But they assigned some work which I have finished in a week. I joined the company - 03-Aug-2015. My resignation date - 11-Sep-2015.

1. I had only signed my offer letter and a NDA, I didnt sign any document that describes the notice period. Should I pay the buyout? Now, I am willing to pay one month (by telling them to not pay my Sep month salary; there is also a backlog of 10K from my August month salary, which would totally make a month's salary), but not more than that.

2. If they still want me to stay without any work till I end the one month notice period, can I walk out? What are the legal implications? I don't need the relieving letter from the current company.



Learning

 1 Replies

Kumar Doab (FIN)     22 September 2015

If you have not signed any private agreement/contract/rule/policy drafted by employer and narrating anyting like notice period/pay then it is not applicable to you.

 

 

The notice period/pay is part of service conditions that are governed by various enactments applicable to establishment/employer/employee.................and these enactments being Act/Instrument of Law/Statue shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g: offer letter/appointment letter/contract of employment/service agreement/HR Policy/Service Rules and regulations/Employee handbook etc etc etc.......................

 

Then there are various decisions including by constitutional bench that have become a law.....................

 

 

If establishment/employer/you are covered by the enactments then:

 

----For service period of 30days notice period should beNIL.

----If you were under probation period notice period should beNIL.

 

There are unlimited number of threads on similar query that you may find relevant e.g;

 

https://www.lawyersclubindia.com/experts/HR--559971.asp#.VgEI1H1-jMo

 

 


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