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Apurv Bhargava (Engineer)     15 June 2010

notice period 1-sided

We (myself and wife) are currently working in Bangalore. I have received a very good job offer and now we are moving to Hyderabad.


My company has a 1 month notice period which I am currently serving. The problem is with my wife company. She has a 2 month notice period. Also the contract specifies that if the company wishes they can terminate the employment by giving 2 month salalry. However the employees do not have the luxury of buying out the notice period.


Now we are in a fix because my wifes company is not releasing her and threatning legal action if she leaves before 2 months. And my joining in Hyderabad is confirmed after 1 month and because of personal reasons she cannot stay back in bangalore to complete the notice period. We would very much want to buy out her notice period.

My question is - are such 1-sided contracts legal ? If so what can we do ?..... of course in the worst case she can stay back and complete the notice period but there is no gurantee that the company might still release her with a good releiving letter.



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 June 2010

Legality of the contact should have been observed at the initial time of its acceptance. Now at such belated stage, such questions cannot be raised. You have no sufficient time to move to civil court at Bnaglore and contest against the company of your wife for many years. It is better to compromise with the current position and let your wife pass one more month there. No comments can be passed over hypethitical questions like her company may not provide her good relieving letter etc.


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