Notice period
Nicks
(Querist) 26 August 2011
This query is : Resolved
one of my friend is working with big Marketing service provider. As per his appointment letter the Notice period is 2 months even during probation (6 months) period. he have completd 5 months but due to stressful work he wants to leave the organisation. No additional Bonds signed. but company requires to pay 2 monts pay if he is an permanant employee and leaving lesser than 2 months notice.
Query Points:
1. Weather 2 monts notice period during probation is valid.
2. Is he require to pay such amount even if he is leaving in probation period with 15-20 days notice.(noting for this mentioned in appointment letter)
3. what will be the better way for him to move Out as per Lawful angle.
4. Max possible action employer will take.
ajay sethi
(Expert) 26 August 2011
you have entered into a contract with marketing company .
yes it is valid
your contact is your bible . if your contract does not mention payment of any amounts then you dont need to pay
better complete the probation period and leave without any hassles
employer can sue you for breach of contract . you wont get any experience certificate
Nicks
(Querist) 26 August 2011
Is he entitled to get reliving letter? or this too wont be given.
ajay sethi
(Expert) 26 August 2011
if you complete the probation period you will get reliving letter
Advocate. Arunagiri
(Expert) 27 August 2011
Normally the company will not relieve when there are pending disputes.
The only way is to send a notice for terminating the contract. If there is any notice period you can pay the money in lieu of that.
Failure to honour the contract will make the future employer to think bad about his attitude.
K.S.Srinivas
(Expert) 27 August 2011
As per the appointment letter 2 months notice period is required.
Even he has completed 5 months service and he is undergoing the period of probation, the 2 months notice is required to be given.
No condition is stipulated in the appointment letter to the effect that 2 months salary can be paid in lieu of 2 months notice, it is not possible.
The better way is give 2 months notice and leave the company peacefully.
