Dear Members,
I am employed with a software company(services). I have few queries regarding notice period.
As per the employment terms policy of my employer
" On confirmation of your services in the Company, your services shall be terminable by giving three months notice or three
months basic pay in lieu thereof on either side at the sole discretion of the management"
My queries are:
1) If one resigns and is willing to serve the complete notice period but the company wants to relieve the employee early, can the company ask the employee to pay the basic instead? I understand that under such circumstances, it's the company which should pay the employee basic for those particular months. Kindly correct me if I am wrong.
The question arises from the fact that in the past, employees have been forced to pay basic to the company, even when they were willing to serve the notice period of 3 months. Is this legally right?
2) If the employee mentions 2 months of notice period instead of 3 in the resignation mail, and the company relieves him early, say 1 month, can the company ask him to pay the basic? Or should the company pay the employee? Should it be 1 month's basic or 2 months?
Kindly let me know your views.
Regards
Adarsh
