Notice period

Querist : Anonymous (Querist) 11 October 2011 This query is : Resolved
Employment contract requires 3 month notice period with no express condition that shorter notice period would require employee to pay the notice period.

Employee wishes to give 45 days notice and for balance period he is ready to pay the salary. Is this legally enforceable if the company does not agree and wants employee to complete the notice period by working. Request you kind advice.

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ajay sethi (Expert) 11 October 2011
if 3 months notice period is required under the contract we would advice you to honour your obligations under the contract . maintain relations with your employer .

if employee wishes to give shorter notice period employer should be willing to accept the same . if employer is not willing to accept salary then employee has no option but to serve

prabhakar singh (Expert) 11 October 2011
Good advise by Mr. Sethi.

Guest (Expert) 12 October 2011
If no option for buy out of the period short of notice period, you will have to abide by the service condition. You may however try to convince the management to make compensatation on your part by paying salary equivalent to the period short of prescribed notice period.

Sailesh Kumar Shah (Expert) 12 October 2011
I agree with well advise of Shri Ajay Sethi and Shri PS Dhingra.

Shastri J.K. (Expert) 12 October 2011
I agree with Experts.

Sankaranarayanan (Expert) 12 October 2011
i too agree with all experts

Advocate. Arunagiri (Expert) 12 October 2011
If there is any notice period you have to serve the notice.

If there is any option to buy the notice period you can pay that.

If there is no such option to buy it, your option is to complete your service till the notice period or to leave the company without bothering the agreement clause. In this situation, the employer may claim compensation from you.

K.S.Srinivas (Expert) 15 October 2011
I too agree with the experts Ajay Sethi and PS Dhingra.

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