Kartik Subodh 03 May 2021

Notice period issue

The following is the clause in my offer letter:
Upon Confirmation, during your tenure with COMPANYNAME, either you
or COMPANYNAME can terminate the appointment by giving 90 calendar days' written notice or three
months' basic salary in lieu of the notice. If your services, out behavior and/or
performance are not found satisfactory, or your Back Ground Check turns out to be
negative, COMPANYNAME may terminate your services by giving notice as mentioned above.

I understand I am within my rights to pay my way out of the company. But my management is not letting my go.

Can I exercise my right to leave the company by buying out? Can my company deny me a release?

Reply Follow

4 Replies

Sankaranarayanan (Advocate) 03 May 2021

Once you given proper notice to management and you followed the clause as mentioned in the appointment letter and contract then no need to worry .

1 Like

M V Gupta (Advocate) 03 May 2021

you can terminate your service with the company by paying three months basic salary in lieu of 3 months notice. you should write to the company that you terminate your service with the company in terms of the relevant clause in the appointment letter. mentioned by you.

1 Like

Kartik Subodh 04 May 2021

Thanks,

I have agreed to pay but my management is still trying to deny me a realase. Who can I approach for help? Can they hold back my experience certificate if I leave?

M V Gupta (Advocate) 04 May 2021

Tender three months pay along with notice of termination and request for releasing certificate. The company is bound to accept. If they do not, get legal notice issued through an advocate.