sanjeev 29 November 2016

Notice period under employment law

I have been working as HR in noida for a small size (100 employee) IT company.i have got an offer and want to get early relieving to pursue career ahead, As per my appointment letter " you can resign from the services of the company at any time by giving 4 weeks notice or 10% of annual salary in lieu thereof. However its at sole discretion of the conpany." i can give max 10 working days notice. Advise a way out. If current employer want 10% so should i give basic+ DA of annual CTC? If they dont want buy out, should i take legal advise? or should i take medical leaves for 1 month? if that can be counted as medical leave under notice period? I also referred uttar pradesh dookan and vanijya adhishthan adhiniyam page 11 https://uplabour.gov.in/MediaGallery/Uttar%20Pradesh%20Dookan%20Aur%20Vanijya%20,%201962.pdf

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Kumar Doab (FIN) 29 November 2016

Your query has been discussed in detail at: https://www.lawyersclubindia.com/forum/Want-to-get-early-relieving-from-employer-144737.asp The rate of notice pay is also duly described in enactments provided to you.

Kumar Doab (FIN) 29 November 2016

If at all you decide to tender notice pay, write and express paying under protest and ask to adjust in FnF statement.

Ask next employer for buy out of notice pay. If notice pay is adjusted in FnF then you shall not be subjected to double taxation.

Kumar Doab (FIN) 29 November 2016

As suggested in other thread, you may consult your counsel specializing in Labor/Service matters.

While choosing yor counsel take care of factors suggested to you, in other thread.

Ms.Usha Kapoor (CEO) 30 November 2016

https://www.lawyersclubindia.com/forum/Want-to-get-early-relieving-from-employer-144737.asp

Read more at: https://www.lawyersclubindia.com/forum/Notice-period-under-employment-law-144747.asp

tHE ABOVE LINK PROVIDES ANSWER TO YOURQUERY.KINDLY GO THROUGH THE LINK. ALSO CONTACT YOUR LAWYER WHO WOULD BE IN A CORRECT POSITION TO GIVE THE ANSWER.WOULD YOU GIVE ME PROFILE LIKES IN EXCHANGE FOR FREE LEGAL ADVICE?