Shortage of notice period

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved
Hi, I am working with a organization since last 4 years and recently resigned. My employment contract says that the employment is at will and either party can terminate it by giving two months notice or salary in lieu thereof. However the company has a notice period policy which says that the shortage in notice period has to approved by the Department head. Now citing this policy my organization is forcing me to serve 2 months notice period which is not possible for me. I have offered them to pay the shortfall of notice period from my side. Please guide me that in this case can I leave the organization early and if yes will i have to do something to avoid any legal hassels afterwards.

Follow Query

Report Abuse

prabhakar singh (Expert) 23 September 2011
You should in this condition strictly adhere to terms of contract,so either surrender two months salary or serve 2 months notice ,a mixture of the two may result in dispute going against you unless they surrender to your request.

ajay sethi (Expert) 23 September 2011
under the employment contract either party can terminate contract by giving 2 months notice or pay 2 months salary .

since the words used is OR you are not bound to serve for 2 months as you are willing to pay 2 months salary .

however if you want to maintain relations with your employer you should acede to their request .