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toba012345 (engineer)     23 July 2010

Notice period

I have a problem relating to resignation. I have given my resignation on 10th of July 2010. As per the employment terms, your services are liable to be terminated by the company without assigning any reason, by giving you 90 days Notice or salary in lieu of such notice. Likewise, you may resign from services of the company by giving 90 days Notice or salary in lieu of Notice. Salary for this purpose will be computed at one month of Basic Salary. I have requested the management to relieve me at one month notice(so as not be unreasonable) following which i would be paying the balance notice period amount. However they now claim that the management will decide whether or not to relieve the employee before 90 days.but  It is not mentioned in the appoinmnet letter.The reason cited is that they donot have a replacement. However that is not a part of the employment terms. Can I contest and give them a show cause as to why i cannot be relieved before the 90 days notice?


Learning

 2 Replies

Bobby Mani T (Lawyer)     24 July 2010

If the agreement says that either noitce period of 90 days or salary in lieu of the concerned period and you are willing to work for 30 days and balance as per the agreement ie. salary in lieu.  that is sufficient and the company cannot insist that you should work for 90 days.  They only can request you to do so.

toba012345 (engineer)     27 August 2010

But they are forcing me to work for 60 days and they are ready to relieve after 60 days. But i have faced lots of personal problems. I escalted to the HR team team and they collectivly forced me to stay 60 days. I want to sue the company. If i want to sue the company what shall i do and how much can i sue them


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