Notice period for resignation
Querist :
Anonymous
(Querist) 09 July 2011
This query is : Resolved
when I joined in my institution, I was a temporary employee for whom one month of notice was required before resigning. However, a couple of years back I was confirmed and my notice period was increased to 3 months or salary in lieu of 3 months. Now I wish to leave the institution. Does this clause of '3 months advance notice or salary' not qualify to be an unconscionable imposition upon employees? Will I have to abide by this clause? No new employer gives as much as 3 months time to join.
Advocate. Arunagiri
(Expert) 09 July 2011
When you have signed the new agreement, you are bound by the clause of 3 months notice.
If you want to join the new company before 3 months, you buy the notice period by paying the salary.
Guest
(Expert) 09 July 2011
Conditions, as provided in your confirmation letter may prevail. Please check the conditions, if any prescribed in your confirmation letter. If no conditions are prescribed in that, in that case the condition of 3 months' notice period if made prior to your confirmation would apply. If the condition was made after your confirmation and you have signed any agreement to that effect, the same would be binding on you, otherwise you can challenge the condition.
Raj Kumar Makkad
(Expert) 09 July 2011
Why are you feeling 'pain' of 3 months term at this time when you are leaving your job? Had it been same reaction from your side if your employer would have kicked you out by paying compensation of only one month at this stage when you served fro various years?
Service Agreement duly signed by you after reading and agreeing to its term is final.
prabhakar singh
(Expert) 09 July 2011
you have wrong notion,your service agreement clause of '3 months advance notice or salary'is not ultra virus to the constitution.
Will I have to abide by this clause?
yeah! YOU need to do so.
All contracts agreed with in scope of Indian contract Act are legal and binding between parties,be it a service agreement or any other, and the contract Act is not ultra virus to the constitution.
Chanchal Nag Chowdhury
(Expert) 09 July 2011
A contract of service is bound by its own terms & conditions unless any term is 'shocking' to the conscience.
Your case does not qualify as 'shocking' & as such, it is binding.
Querist :
Anonymous
(Querist) 17 July 2011
The terms of my confirmation mentioned only that 'I' have to give a notice of 3 months before resigning or salary in lieu of the same. However, it did not mention anything about the applicability of the same clause on the employer. My employer has terminated my services on the very day I served him 3 months notice without there being any charge against me. Is he bound to give me a salary of 3 months?
