Upgrad LLM

discussion on notice period


My appointment letter states that my notice period is 3 months and that can be set off by payment in lieu of salary as per the discreation of the company(however comapny reserves the right not to accept salary in lieu of notice). Now I have an offer from another company where I need to join within 45days. I have resigned from my current organisation stating a date wihtin which I neeed to be relieved of my duties and also verbally communicated to management that I am ready to pay in lieu of salary. However management insisted me that I have to serve the notice of 3 months which is very difficult for me(also warn to take legal action against me).

As additional inforamtion there have been instances employee of my current organisation have been allowed to leave before completion of 3months notice. 

Under the above circumstances :

1. 

 Are there any means by which I can leave the organisation after having served 45 days notice period and paid off the rest?
 
2. 
What are the legal implications / consequences if I leave the organisation on my own will after serving 45 days notice period and mail them regarding paying off the other dues?
 
Please reply asap...
 
Reply   
 
Head HR

Dear Friend,

Pl. send a note or email to the management saying that further to my resignation and discussions I request you to kindly relieve me on or before ________. As per my appointment order the notice period is for 3 months and I shall be working for _____ days and I am ready to pay the equal amount against my left over notice period. Request you to kindly accept and relieve me on the said date.

Obtain a receipt and if they are not accepting then approach legally, if required you can send a copy to the labour department for their intervention.

Regards - kamesh

 
Reply   
 


FIN

Mr. Kameswarao has given valuable advice. Kindly follow it.

You may mention that the notice pay @ (as agreed upon in your appointment letter or basic pay) may be adjusted in your FNF statement and FNF statement should be supplied to you within effective date of your resignation and as per the FNF statement if any amount is due to be paid by you, you affirm to pay it by a/c payee cheque drawn in favor of the company and proper receipt/acknowledgment of the cheque shall have to be issued to you on the spot. You may also mention that the Form 16 should be prepared and issued in accordance with net amounts in your FNF statement.

You may go thru the link

http://www.lawyersclubindia.com/forum/Re-Tax-exemption-on-notice-pay-49561.asp

 

Forum Home > Taxation > Tax exemption on notice pay

 
Reply   
 

Thanks Mr Kameswarao for your valuable guidance. I can follow your instruction but I also want to know since it was mentioned in my offer letter that company reserves the right to accept the salay in lieu of notice and if they said that we will not ready to accept the salary than in that case what can I do. Also please if they take any legal action than in that case what will I do. Currently, oraganisation already provide a resource for my replacement and I started to transfer my knowledge to them.

 
Reply   
 

i am not much of an expoert, ut I read it somewhere that agreeement cannot be one-sided, so thios clause cannot hold valid legally.

please correct me if I am wrong, have only a couple of months experience as a under grad in law.

 
Reply   
 
FIN

You must record in writing the transfer of knowledge undertaken by you and mention that you have done it successfully to the satisfaction of your office/superiors.

You must apply your rapport/goodwill and obtain a written communication from your reporting authority  confirming the same.

Pls do not burden yourself much with the thoughts you are expressing. You may express your willingness to tender notice pay and ask to adjust in FNF statement and focus on your next venture.

If company becomes adventurous your lawyer shall be able to repel them successfully.

 
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