Ashish (Sr Consultant) 21 February 2011

Notice Period

Hi,

I am working with a Software company for about a year and half now. While joining the company I signed a contract which stated

" You may resign from your employment with the company, without furnishing any reason by giving not less than 2 months prior notice. In case you fail to serve the company during the said notice period, the company reserves the right to recover/forfiet the salary for the notice period and initiate appropriate legal action against you. "

I have resigned from the company and unfortunately I am not in a position to serve this notice. I am however wiling to let go 2 month's Salary in lieu of the notice period. I wish to know what (if any) legal action can be taken against me if the company is not willing to let me go.

Appreciate your help.

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2 Replies

Siddharth Jain (Partner) 21 February 2011

Dear, Ashish

Company could not take any action against you where you are willing to give them two months salary.

Whenever you will receive your full and final settelment , You send the cheque of amount due to you.

This will automaticaly resumes your liability.

Selvam (Business Development) 23 February 2011

Dear Mr. Ashish,

I suggest you to read the conditions stated by you

You may resign from your employment with the company, without furnishing any reason by giving not less than 2 months prior notice. In case you fail to serve the company during the said notice period, the company reserves the right to recover/forfiet the salary for the notice period and initiate appropriate legal action against you. "

The employer clearly mentioned that you need to servce for 2 months but the situation forced you to comply the condition. Hence, I once again suggest you to settle the issue amicably with the employer. It is up to the management discretion to accept.