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Shubham Gabhane   24 December 2021

Query abt notice period

Hi,
I have joined IT organization four months ago in July.
I want to resign from the organisation at the earliest due to personal reasons but HR and manager is insisting to serve notice period of 3 months. I have offered for replacement as well as buy out of notice period.But thy are denying to accept it and harassing me mentally.
The terms of termination mentioned in my appointment letter are as follows:
1) During the period of training, LTI alone has the right to terminate the contract of employment by 
giving one month's notice to that effect in writing or basic salary in lieu thereof
2) After completion of the said training and confirmation thereof, LTI has the right to terminate the 
contract of employment by giving three month's notice to that effect in writing or basic salary in 
lieu thereof.
3) The right to terminate the contract of employment can be exercised by you upon giving at least 
three month's notice to that effect in writing. 

How can company have clause which are so exploitative? how can company terminate anyone by giving three months salary in advance but employee can't do so? Is it not against the principles of natural justice?
Please guide what should I do... its getting difficult for me..
Company has also violated clause of probation period wherein in appointment letter there is clear mention of 1 yr of probation but company has confirmed me as permanent employee without any intimation..
Please guide



Learning

 2 Replies

Anaita Vas   24 December 2021

You have submitted your resignation but your company is not accepting that and the same has been communicated to you.

In case the company has cited some genuine ground for non-acceptance of your resignation then you have no choice but to continue.

In case the company is not accepting your resignation on frivolous ground, you may intimate the same to them under intimation that you may take recourse to legal remedies.

You can leave the job by either giving notice or payment in lieu of notice. The relations between the employer and employee are primarily governed by the Appointment Letter. The Company's policies and procedures are the supplimentary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company's discretion to accept the notice or not is against the provisions of constitution of India. Hence company can not threaten you by showing this clause. The Company cannot force you to serve the entire notice period or can not retain you.you can file complaint if they didnt respond you.good luck.

 

Regards,

Anaita Vas

Shubham Gabhane   24 December 2021

Thanks for your reply.

I have offered them replacement for role who can join them immediately but still they are making some excuses.

Also, there are saying there is no buy out option and i must mandatory serve notice period.

The clause which i mentioned above states that company if they want they can terminate employee either by paying money of three months or giving three months notice but employees can't do same. Employees only have to comply with three months notice period and appointment letter is silent on buy out option for employees.

Are these different clauses for employees and company for termination fair and legally valid?

What should i do now ..any suggestions?


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