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Notice Period

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved 
Hi, All I want to know is, if an employee is willing to buy the notice period, can any company force you to serve the complete notice period, if the answer is no then by let me know which legal ACT defines this.
s.subramanian (Expert) 27 December 2010
Ordinarily,these are governed by the tersm contained in the contract of employment which is governed by Indian Contract Act. If there is a provision for such buying,you can go in for that. In the absence of such a clause in your contract,you cannot compel your employer to agree to such a course.
Advocate. Arunagiri (Expert) 27 December 2010
Your agreement should disclose the exit option on both side.

Notice period or in lieu of the notice period should also be mentioned.

Only in this case you can buy your notice period. Your employer cannot compel you to work.
Querist : Anonymous (Querist) 27 December 2010
According to my company contracts I can buy notice period but due to high attrition my employer is forcing me to serve notice period - they are threatning me that they wont accept resignation without completing complete notice period- what should i do, please advice
Advocate. Arunagiri (Expert) 27 December 2010
You serve the notice by RPAD and your intention to buy the notice period.

This is sufficient, no need for any relieving order, until and unless your present employer insists for the same.

Mostly all the employers understands this situation and your present employer will be happy to see the copy of the notice served on your previous employer.

No problem be happy in your new assignment.
Ajay Bansal (Expert) 27 December 2010
AGREED WITH ARUNAGIRI.
Bhawani Mahapatra (Expert) 27 December 2010
Your question can be answered in view of the contract of your employement. In most cases leave you earned in your present job can be surrendered in lieu of notice period. There is no specific rule in this regard.
Ahmed Daud Girach (Expert) 28 December 2010
As per contract act as well as rules of natural justice contract of emmployment should have mutuality as regards notice period.Say company can terminate you giving one months notice pay or one months notice similarly you can leave job giving one months notice pay or notice.So you give notice pay or surrender equivalent leave and have proof of it and give that proof to present employer I think that will be sufficient.


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