Anonymous (HR) 17 December 2021

90 days notice period

Hi,
Please help me. I have a notice period of 3 months and due to some family problems I can only serve 1 month of notice period. My current employer is asking me to service full 90 days. Please tell me how should I get early relieving with my experience letter.
“The clause in my offer letter states as below:
Your relieving from the company would be contingent upon successful service of full and complete notice period. Failing to do so would entitle the company to recover damages for all losses caused due to shortfall in serving of the full and complete notice period. The company in addition to its rights to recover damages will not furnish a relieving letter in case of shortfall in the notice period unless such a shortfall had been signed off by the appropriate person in the company. In exceptional situations the company reserves the right to waive off notice period at its sole discretion.”

Please guide me.

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3 Replies

P. Venu (Advocate) 17 December 2021

You are bound by the terms of the agreement. However, it is not always the case that the Employer would approach the Court of Law to claim damages.

Aryan Raj 17 December 2021

In response to your query,

You might try to negotiate a shorter notice time with your employer if you don't want to work your notice period as it is mentioned in the offer letter that you can be relieved without any damages only if someone appropriate in the company suggests, so I think you should explain to your employer about your problem. You will be in breach of contract if an agreement to waive the notice period cannot be reached and you refuse to work the notice period required by the employment contract. Your employer is not obligated to pay your notice in these circumstances.

If this doesn't work out then I am afraid you will have to serve the notice period as you have entered a contract by signing the company agreement and with all due respect I think you employer is at any fault here if he asks you to work for 90 days as it is mentioned in the paperwork.

Regards,

Aryan Raj