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Nikhil Agarwal (Service)     21 September 2010

Urgent: No option of buying out notice period

Hi experts,

I am working with an Indian company and my contract says that I can leave my job by giving a notice of minimum 90 days. If the company wishes they would agree to reduce the notice period in which case the employee would be required to compensate by giving equivalent days' pay. It is not clearly mentioned that I can leave by my will by paying the notice period amount.

The situation is that I have already resigned and my manager is not willing to relieve me before 90 days. I have a really good offer at hand which requires me to join in 1 month. In this case what are my options? If I leave the job after 1 month would they treat me as absconding? In that case what are the legal implications? I am willing to pay the notice period amount but they are not accepting it. Kindly advise on the way forward.

Thanks for your help,

Nikhil



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 September 2010

You have already resigned just you send the notice period amount thru., cheque or demand draft to your employer as per agreement. It amounts to compliance of agreement.

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