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Prashanth   14 November 2017

Company asking to serve the notice period

Hi All, 

I have been asking my employer to relive me within 2 weeks and they are instead saying that I have to serve the notice period of 2 months as compulsory. Then I have re Iterated the below point from the offer letter that I have received. They said they will discuss and tell me.

I have officially communicated about my resignation via mail and I have told them that I shall settle the terms with them in monetory terms for the un served notice period.

Is it possible for me in my scenario as I dont want to stay anymore than 2 weeks  as I am frustrated with them.

The below is the termination of employeement from the Offer letter, 

TERMINATION OF EMPLOYMENT :

Employment with the company can be terminated by either party by serving prior written notice on the other in terms of the notice period of 2 months. The Company is also entitled to either waive the notice period in part or in full at its sole discretion or require payment of equivalent base salary in lieu of the unserved notice period. The Company further reserves to terminate with sooner effect by tendering equivalent base salary in lieu of the notice period



Learning

 3 Replies

Adv. Aditya (Litigator GROSON ADVISORS)     14 November 2017

I don't see any reason why you cannot do it. You are ready to make good for the period you are not wishing to go. However, the company has two options, either waive off any dues that may arise due to this, or charge as per whatever remains of the notice period. I suggest you resolve the matter amicably, you might not have to pay anything. If you have no problem in paying then there is no reason why you cannot leave with immediate effect. 

Prashanth   15 November 2017

Thanks for the response Mr. Aditya, I will proceed with counsel given. One more thing my employer is insisting me to disclose my future employer information(which is irrelavant as far as I am concerned) so that they shall make the relieving easier for me. 

Is it advisable for me to disclose that information as I am wondering why were they are so much interested in my future employer details and I have lost trust with them. 

My future employee XYZ is vendor with the direct client of the current organization and they some how guessed right about my future employee and I have told them that this is irrelavant as part of the discussion and should not bother about it.

Below are the details about Non-Competition and Company's client from the Offer letter under NON-DISCLOSURE AND NON-COMPETE AGREEMENT with my current employer.

FYI : My future client and the role I am offered is not a competitor and both are into differrent domains, but later at some point if odds are against me I may work on the same project(only one as of now the current employer works in sync) in collaboration with my current organization.

 

NON-COMPETITION :

Employee agrees and covenants that because of the confidential and sensitive nature of the Confidential Information and because the use of, or even the appearance of the use of, the Confidential Information in certain circumstances may cause irreparable damage to Company and its reputation, or to clients of Company, Employee shall not, until the expiration of two years after the termination of the employment relationship between Company and Employee, engage, directly or indirectly, or through any corporations or associates in any business, enterprise or employment which is directly competitive with Company.

 

COMPANY'SCLIENTS :

If Employee's employment with Company terminates for any reason, the Employee shall not, for a period of one year from the date of termination, have any business dealings whatsoever, either directly or indirectly or through corporate entities or associates with any customer or client of Company or its subsidiaries or any person or company which has contacted or been contacted by Company as a potential customer or client of Company; and Employee shall keep in strictest confidence, both during the Employee's employment and subsequent to termination of employment, and shall not during the period of employment or thereafter disclose or divulge to any person, company or corporation, or use directly or indirectly, for the Employee's own benefit or the benefit of others, any information which in good faith and good conscience ought to be treated as confidential information including, without limitation, information relating to the software developed by Company, information as to sources of, and arrangements for, hardware supplied to customers or clients of Company, submission and proposal procedures of Company, customer or contact lists or any other Confidential Information.

 

Please provide me your inputs on this if my current organization wants to go ly against me at later point, what are the challenges that I could face.

Thanks in Advance.

 

Prashanth   16 November 2017

In continuation to the above thread, this was the response given by my employer, There is no way we can relieve you in a 15 days notice period, 2 months is the standard notice period and we are not open to settlement of the notice period. The reason for this notice period is to make sure we fill in for the person who is leaving and there is a proper transition process completed. Without the replacement and handover, it's difficult to confirm the last day. Request your cooperation on this. Please suggest viable options.

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