Unequal notice period on employment agreement

What is issued to you : appointment letter or employment agreement? The contract of employment should promote equitable discretion or it might get termed as arbitrary. What is your designation and nature of duties? You and your reporting office is in which state?

These are common in almost every entity. The simple logic is employee resigns immediately after securing another job, but employer can not fill that vacancy immediately, and the official procedure may require transfers, relocations or fresh recruitment and for that process 3 months time is necessary for employer.  Employer do not fix a stipulation only in your case alone, and it is part of agreement in general and common for all.  

The querist has not posted the details asked from the querist.

 

The querist wants to know whether in his/her case the 90days notice period inserted in appointment letter/employment contract is applicable?

The response in affrimative/negative can be posted after the querist replies.

There is a possibility that even if 90days notice period is inserted by employer it might not be applicable as per enactments that may be applicable in such case, and the condition may be void.

 

Employer's interest is not sacrosant.

In case of querist employer has kept 30days notice for termiantion of employment with it against 90days for severance by resignation for employee...............................that is arbitrary, unfair.

 

The T&C in employment contracts should promote equitable duiscretions, and thus be fair.

 

 

 

 

 

Thank you all. My company is asking me to serve full 3 months and refuses to relieve me earlier. What should I do.If I tell them that its unfair, they refuse to give me relieving letter.

Last reply

The querist has not posted the details asked from the querist.

The response in affrimative/negative could have been posted after the querist replies.

If you are amember of any employee's/trade unions then the leaders/office bearers can accompany you.

Or even a counsel/lawyer may agree to accompany you.

Or either you succumb to demands of  employer or take an approrpiate action as deemed fit to you at your end.

Relieving letter signifies only one thing: employee has resigned and nothing is due against employee.

Relieving letter is just a practise.

Service Certificate has to be issued to all employees.

 

In such situations employee should build irrefutable written and favorable record for use at appropriate time in approrpiate forum, if required.If no record is built then if required there is nothing to validate the contentions of employee.

 

If you are unable to handle you may lean on your able labor law consultant-servcie matters lawyer.

I have nothing more to add.

Yu may wait for more posts from other members/experts.

 

Expert Mr. Kumar Doab has observed and suggested  the steps very perfectly. The querist has not at all answered the quries raised by expert, this shows that the queirst is not interested in proper guidance hence let him go by his employer's instructions.