Company not willing to relieve me before notice period
(Querist) 27 July 2021
This query is : Resolved
So, I am currently working in a company since past 7-8 months. I got another offer from a company which inclines a lot more with my long term career aspirations and resigned from my current company. However, as per the company policy, the HR told me that I have to serve a 60 days notice period. I have already served 15 days of my notice period. My future employer gave me in writing that they will rescind the offer if I don't join in 30 days from today and confirm it now. Do I have a legal stand based on these facts on my employee agreement that can help me get relieved sooner?
1. The notice periods are unequal for employee and employer in the agreement- ' This agreement may be terminated by the company giving a 30 days written notice to the employee or by the employee upon 60 days written notice'. I understand that contracts cannot be one sided like this. Do I have any legal stand to get relieved sooner based on this? Also, please note that their is no clause for paying salary in lieu of the notice. That's why the HR is not agreeing for a sooner release.
2. I never got a probation confirmation in writing after 6 months of service. 'Unless an order in writing confirming the employee is given, the service will not be deemed to have been made permanent.'. 'Employee's services shall be liable to termination without notice at any time during or on completion of the probation period'. Does this mean that I am still in probation and don't have to serve any notice period?
Please help me if any of these clauses can help me get relieved earlier. I thoroughly negotiated with both sides and got to no conclusion. Legal recourse seems to be my best option now.
(Expert) 27 July 2021
Yes. As stated facts, you have to give a notice period of 60 days. But you served a notice period for 15 days only. You have to give notice of 60 days.
Dr J C Vashista
(Expert) 28 July 2021
You may pay back 45 days salary for un-served notice period of 60 days in terms of appointment letter if you are keen to join new assignment, which you feel is lucrative / attractive .
T. Kalaiselvan, Advocate
(Expert) 25 August 2021
If you want to quit the employment peacefully, you may either have to serve the entire 60 days notice period or can opt to pay for the un-served notice period. You have not reproduced the clause of our employment offer letter instead you have mentioned only those things which are in your favor i.e., by manipulating the clauses hence you may go through the clause properly to understand the underlying law in it.