Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sudeep   14 January 2016

Not serving notice period, ready to pay

Hi, I m working in a IT/ITES company from last 3 years, now I have resigned as I got an offer from other IT/ITES company and they want me to join in 1 month as the position is very critical. My notice period with current employer is of 3 months and as per my offer letter, below is the resignation clause " Your appointment has been done after an extensive process for an important position which requires your skills and experience. This appointment may come to an end at the instance of either party by giving the other a notice in writing for 90 days. Writing. It is the sole discretion of the Company to relieve you earlier than the notice period of 90 days in certain exceptional cases. If you chose not to serve the notice period, if applicable, the Company reserves the right to recover from you all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the Company as well as the notice pay. You may also become liable to pay damages on account of losses due to your exit without serving a notice period as well as those caused due to expenses incurred in seeking replacements and completing the unfinished work. The company can also withhold issuance of the relieving letter till the acceptance of the resignation letter" I have sent the resignation and it has been approved now but they are not willing to release me before 3 months. I am ready to serve 1 month notice period and ready to pay the notice period amount. Please let me know if company can take any legs action against me for not serving the notice period.


Learning

 1 Replies

Kumar Doab (FIN)     14 January 2016

Do you have irrefutable evidence that non service of notice period of 90days will not cause any loss to the company?

 

Can you establish that your position was not at all criticial as declared by the company?

 

Do you have evidence of NO Tasks being pending at your end?

Has the company approved your rsignation in writing?

 

Has the company declined to relieve you before 90days in writing?

What is your designation and nature of duties?

 

Since hwo long you have been working for the company?

You are located in which state?

 

Why are you falling for another company (that like your company) has 30days joining time for incoming employees and 90days exit time for outgoing employees?

 

Did you mention the notice period (90days) in employment application submitted to next employer? 

Did you mention the joining time (=notice period 90days) in employment application submitted to next employer? 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register