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How to tackle notice period of 90 days

(Querist) 01 February 2011 This query is : Resolved 
At the time of joining i have signed an agreement with ICICI bank that i will serve the notice period of 90 days and waiver is dependent on company wish for which i have to pay my each day salary.
for the no of days waiver granted.

Now i want to switch job and no company is willing to wait for 90 days for me to join at the most they wish to wait for 45 days and rest days i am unable to get relaxation as the are adamant that i have to serve notice period

what should i do neither my future employer extending my date of joining neither my current employer relaxing my 45 days

i need your guidance i am very upset cant i fight legally as at the time of joining we were unaware that such thing will happen.
Kirti Kar Tripathi (Expert) 01 February 2011
You can give notice for 45 days and offer amount equivalent to 45 day salary in lieu of remaining period. In case, your new employer is ready to allow you to resume duties without reliving order, you leave the present employer. Your present employer can not compel you to service. at the most he can ask compensation for breach of contract. If there exist an offer for payment of amount for remaining period, the compliance of contract from your side is completed and employer has no case.
mahendrakumar (Expert) 02 February 2011
you have no choice other than serve the notice period or pay the notice pay,unless icici bank waives it.

there is no legal scope in fighting against it,if you have accepted their offer earlier.

try to get maximum waiver by good will and negotitiation with icici.
Advocate. Arunagiri (Expert) 02 February 2011
I agree with Mr.Tripathi.
Ajay Bansal (Expert) 04 February 2011
Do as abovesaid.


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