Notice period considering my special case
John
(Querist) 06 January 2012
This query is : Resolved
Respected people,
I resigned from an organization which I was employed for past 2 years.
Here is the clauses in my contract regarding termination of contract.
"Either party for any reason whatsoever upon either party giving to the other party written notice of the period specified in item 7(which is '2 months'). of the schedule here to and this agreement and the employee's employment shall terminate upon the expiration of the aforesaid period. The Employer may in its absolute discretion, make payment of salary in lieu of the whole or part of any notice period given. The employer reserves the right to require the employee to not attend work or vary the employee's duties during any period of notice of termination given by the employer. However, during this period the employee will be entitled to receive the employee's normal salary and benefits of employment. Notwithstanding anything to the contrary contained in this agreement, specifically in clause 8.4(A right under this agreement may not be waived except in writing signed by the party granting the waiver and a provision of this agreement shall not be varied except in writing signed by the parties), the employer reserves the right to unilaterally modify the notice period specified in item 7(which is '2 months) of the schedule here to as may be necessary in accordance with its polices and/or in the best interest of the employer and its business interests."
I resigned on December 28, 2011 and the employer now insists on serving notice period till February 28th, 2012. This is the way they count 2 months but actually it is 63 days. But I have some specific situation that I need to get relieved after 45 days of notice and I have 10 paid leaves left and am ready to pay for rest 5 days compensation. I promised in writing to complete all pending tasks assigned to me before relieving.
In this case, my employer threatens that they will withhold my relieving letter and experience letters and cause trouble with my full and final settlements and cause trouble during any future enquiries by any other employers of mine.
Is it possible for my employer to force me to serve full notice period
ajay sethi
(Expert) 06 January 2012
your appointment letter mentions that you have to give 2 months notice . the notice period may be varied only if it is agreed by both the parties . your employer refuses to vary the notice period . you have no option but to serve the notice period
John
(Querist) 06 January 2012
Sir,
I thank you for your valuable advice.
In my case, if it is very important for me to get relieved in 45 days time, is there any possibility for me to get it done, without any legal issues?
Something like paying the compensation, or the only way out is to face legal charges?
Raj Kumar Makkad
(Expert) 06 January 2012
Legally you cannot do so but your lenient view may force the management to make compromise.
It shall be better for you to personally meet the higher ups of your organization and convince them to do the needful as per terms and conditions they deem fit. it is better to surrender rather to take help of legal machinery in such situations as this mechanism is no so effective for a short span of time as you do think.
John
(Querist) 07 January 2012
Sir,
I completely understand your point. I will go ahead with your advice in min.
Thank you.
Deepak Nair
(Expert) 07 January 2012
Righlty advised by the experts.
