Serving of notice period

S K Shukla (Querist) 13 July 2012 This query is : Resolved
I have been working with a bank for last 1.3 years. My terms and conditions stated that I have to serve three months notice period or salary in lieu of notice. I resigned on July 2, 2012 w.e.f. July 14 but my employer is insisting on serving of three months notice period. I am ready to pay salary in lieu of notice.
What are the option available to me. Can I refuse to serve and insist on their acceptance of my resignation. Kindly advise.

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Devajyoti Barman (Expert) 13 July 2012
If your job contract does give such liberty to adjust salary in lieu if serving notice period then surely you could do that.
Agreement whatever is there binds both of you.

S K Shukla (Querist) 13 July 2012
My confirmation letter stated " As a confirmed employee, you will be required to give three months notice or salary in lieu of notice"

I am ready to pay the salary in lieu of but my Branch manager insists that I have to serve the notice period. What should I do. Should I stop going the the branch after July 14 the date I had intimated to my bank for leaving.

Guest (Expert) 13 July 2012
Conditions of service applies equally to both sides. If the conditions of your appointment prescribes for payment of salary in lieu of notice period, you can make clear in your notice that you are ready to deposit the amount for the period short of notice period by referring to the conditions of appointment.

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