Concers about notice period

Querist : Anonymous (Querist) 18 August 2021 This query is : Resolved
Hi . I need to serve 2mnths notice. But I got offer from other company where they want me to join within 30days. I spoke to my organization that am facing some health issues which are genuine as well. I used health issues to releive from the organisation with in 30days.I even submitted by medical certificates as well. they aren't ready to accept my request.

I studied my appointment letter. I found the below content. Just wanted to know wht is this.pls help me

Provided that where applicable law prescribes a more favourable notice period and related provisions for employees, this clause shall be deemed to have been amended to incorporate the same.

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Quick Summary

An employee needs to serve a two-month notice period but has an offer requiring a 30-day start. They cited genuine health issues and submitted medical certificates to request early release, but the employer refused. The employee found a clause in their contract stating it can be amended by more favourable applicable law and is seeking clarification and advice on how to proceed.

P. Venu (Expert) 19 August 2021
Any suggestion depends upon the Law under which your company is registered,

kavksatyanarayana (Expert) 19 August 2021
I agree with the advice of the above learned expert Mr. P.Venu sir.

Dr J C Vashista (Expert) 20 August 2021
Terms and conditions of your appointment shall prevail the subject.

Consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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