Notice period

Singh_1984 (Querist) 26 October 2020 This query is : Resolved
Greetings to Experts .

If the IT company Offers the employment with the following two clauses, is it Mandatory to Serve the Notice Period? How can we leave the company immediately ( when even we have not received the first salary and had spent only a week in the company) if we get a better Offer from somewhere else but current company still wants you to serve the notice? Also I dont see the company is asking us to pay the Damages for not serving notice in any of the Clauses, so is it a VALID Offer Letter ? because its forcing me to work for 90 days.

Clause 1 : You will be on Probation for the period of 6 Months.
Clause 2: From the date of your joining the services of the organization , you will be covered by the company rules under three months notice period and further the company has every right to terminate
your services if your performance is not satisfactory by giving one month notice or in lieu of such notice , one month salary.

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Quick Summary

If you've just started an IT job and received a better offer, you might be wondering if you have to serve the full notice period, especially if you haven't even received your first salary. While your contract may state a notice period, it's often possible to negotiate an early exit. The company could theoretically pursue civil action for damages if you leave without serving notice, but this is rarely substantial.

Dr J C Vashista (Expert) 26 October 2020
Be clear and specific regarding your problem, for consideration and obligation of experts on this platform, if any,.
Ifs and buts are for imaginary and unrealistic post.

Singh_1984 (Querist) 26 October 2020
Sure sir.
I have got a better and new Offer from the other company and wanted to leave my current company immediately , I see the clause of 3 months of Notice but do not see any clause of Paying Damages in case I want to leave early and dont want to serve notice. Is it now mandatory for me to serve 3 months of Notice now ?

Isaac Gabriel (Expert) 26 October 2020
It is common for IT companies to impose such condition for leaving.But they usually permit leaving .Try to convince the Management of the better chances ahead and amicably settle.

Rajendra K Goyal (Expert) 26 October 2020
You have joined the company, have to follow / abide by the terms and conditions of appointment. If necessity to serve the notice period was agreed, you need to serve.

J K Agrawal (Expert) 26 October 2020
If the new company is ready to engage you, do not be so panic. It is only the new company which may have objection. The present company can not bound to work even though any such condition is in agreement. It is not only against law but also against fundamental rights of you. The present company can at the most file a civil suit for compensation against you. I know the results of these type of suits and hope nothing substantial is to loose. Do not afraid and Join new company.

SHIRISH PAWAR, 7738990900 (Expert) 27 October 2020
Hello,

Try to convince the present company and leave the job. If they are convinced they will let you go otherwise at the most they can file a civil suit for compensation against you.

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