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Notice period for leaving the company

(Querist) 05 February 2012 This query is : Resolved 
I WANT TO JOIN A private Ltd company as a chartered account. One of the terms of employment states as under: Upon confirmation after completing 6 months satisfactory probationary period, you shall give 3 months notice in writing or 3 months salary in lieu thereof, if you chose to resign from the services of the company.

I requested the GM HR of that company include the following clause also:

The company will give 3 months notice or 3 months salary in lieu there of before terminating my services for reasons other than acts of misconduct such as committing
fraud, cheating, causing loss to the company.
I.e. notice of 3 months should be mentioned in the appointment letter from the management side also. The above clause be legally redrafted for my reference and taking up with the employer. Kindly guide me.
Advocate. Arunagiri (Expert) 06 February 2012
You have every right to demand to include the clause. But, normally the employer will be following their own style.
V R SHROFF (Expert) 06 February 2012
Employer will decide terms of your services. In rare case you can dominate co.
Kirti Kar Tripathi (Expert) 06 February 2012
it is your right to get include your condition in the contract of service, on the other hand the employer are also within their right whether they accept it or not.
Sankaranarayanan (Expert) 06 February 2012
Notice perod as mentioned in the employment order to be accepted by both


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