Hi,
I have been working for an MNC at Hyderabad for almost 3 years. I have resigned on OCT1 2013 and was expected to join in a new organization, which is again an MNC in a month time i.e by NOV 5 2013.While i serve a month notice, I am ready to buy out the rest 2 months notice period. But, my current organization is insisting me to service my notice of 3 months. I have been requesting my manager that i would fullfill all my current responsibilities and would transition any of the dependencies to existing resources within Nov 5 2013. But, my manager wants me to stay until he finds a new resource and rejected my early release Below are the excerpts of my job agreement . Please suggest on how i could be relieved
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7. TERMINATION OF EMPLOYMENT
During Probation period either the Company or you may at any time terminate this agreement without cause, by giving in writing to the other party, One Month notice or in lieu thereof a sum equal to the amount or pro−rated amount of salary which would have accrued to you during the period or remaining period of notice. You shall not be entitled to any notice pay if your employment is terminated in accordance with condition 7.6 of the Appendix 3 to this letter of appointment/agreement.
7.2 After completion of the Probationary period, either the Company or you may at any time terminate this agreement without cause by giving in writing to the other party, Three Months notice or in lieu thereof a sum equal to the amount or pro−rated amount of salary which would have accrued to you during the period or remaining period of notice.
7.3 After notice of termination, you shall cooperate with the Company, as reasonably requested by the Company, to effect a transition of your responsibilities and ensure that the Company is aware of all matters being handled by you.
7.4 Upon termination of your employment with the Company for any reason, you shall promptly return to the Company any keys, credit cards, passes, confidential documents or material, or other property belonging to the Company, and return all writings, files, records, correspondence, notebooks, notes and other documents and things (including any copies thereof) containing Confidential
Information or relating to the business or proposed business of the Company or its subsidiaries or affiliates. The Company reserves the right not to relieve you of your employment in the event that all the Company's documents/ property / Confidential Information in your custody have not been properly handed over by you to an authorized representative of the Company.
7.5 The Company reserves the right during any period of notice to exclude you from the premises of the Company, or to require you to carry out specified duties at premises other than those referred to in paragraph 3 of the letter of appointment/agreement, or to carry out no duties, and to instruct you not to communicate with clients, employees, agents or representatives of the Company until your employment has been terminated, provided that you will continue to be paid and to enjoy normal contractual benefits during any such period, except in the case of suspension. You will not be entitled to engage in any other employment, work or business during the notice period.
7.6 In addition to all the rights of the Company provided for in this agreement or in any other policies/regulations of the Company
or under law, the Company may terminate your employment forthwith in any of the following circumstances:
(i) Breach by you of any of the terms of this letter of employment/agreement;
(ii) Breach of any clauses of the Company's regulations/policies as referenced in clause 6 hereinabove;
(iii) Unauthorized absence beyond a period of seven consecutive days;
(iv) Inability to perform your duties beyond a period of thirty (30) days, whether on medical grounds or on any other grounds;
(v) Physical or mental incapacitation to perform your duties;
(vi) Any misrepresentation by you to the Company, whether made orally or in writing and whether expressly or by conduct, and
whether at the time of appointment or prior or subsequent thereto;
(vii) Commission of any act detrimental to the interests of the Company;
(viii) Commission of any act of moral turpitude;
(ix) Misconduct;
(x) Commission of an act of insolvency;
(xi) Conviction in any court of law for the commission of any crime; or
(xii) Your performance is continuously measured as below expectation.
Notwithstanding anything contained in clause 7.1, the Company reserves the right to terminate your employment without giving any notice period or pay in lieu thereof if you are in breach of the sub−clauses of clause 7.6 hereinabove.
13. OTHERS
13.1 You will be bound by the Company's regulations/policies, and all other rules, instructions, and orders issued by the Company from time to time, in relation to your conduct, discipline and service conditions such as leave, medical, retirement, etc. as if these Company's regulations/policies, rules, instructions, etc. were part of this letter of employment/agreement. In case of any conflict between this letter of employment/agreement and Company's regulations/policies, the terms and conditions herein shall override/prevail.
13.2 You shall inform the Company as soon as possible about any change in your residential address.
13.3 Survival The provisions of this letter of employment/agreement, which by their nature are intended to survive the termination or expiration of this letter of employment/agreement, including without limitation, the provisions of Clauses 1, 2, 3, 4, 8, 10, 11 &
13.3 shall survive the termination of this letter of employment/agreement.
