Pun (Consultant) 06 April 2010

Resignation Notice period

Hello all LAW gurus,

I am working in reputed MNC Company for last 3.5 years, in Noida the Resignation clause read as:
1. A permanent employee may leave the services of the company after giving 2 months notice or as per terms and conditions of his appointment.
2. The company reserves the right either to accept pay and allowance / adjustment of leave towards notice period or demand for actual service during the notice period....Company reserves the right to change the terms & condition of employement any time.

I got good offer from a Company in Pune and want me to join in 15 days (non- negotiable) & I am having about 36 days accumuated paid leaves which can be adjusted against the notice period. But the last decision is with the immediate manager, who is really strict and doesn't want anyone to leave his team (as this will increase attrition in his name)

The experince letter of 3.5 years really matters to me and also this new offer which can change my next level of growth. I wish that I end my association with my previous organisation on a very good note with experience letter without serving the stated 2 months notice period. Please advice.

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4 Replies

radha (freelancer) 07 April 2010

Company usually writes in the appointment letter ' you shall have to abide by the policies of the company in force from time to time"

In your appointment letter company has written " Company reserves the right to change the terms & condition of employement any time." and "company reserves the right either to accept pay and allowance / adjustment of leave towards notice period or demand for actual service during the notice period"

And from all the points mentioned by you, it shall be appropriate that you use your rapport and ask one of your friend/HR persons for the way out, and tactfully wriggle out yourself.

If you have signed on the dotted line it does not mean that there shall not be any alternates, and best source to find it is within your own company.

Your boss is mean, carrierist,and clear that he shall under no circumstances take the onus for anything on him.

If you have some exigency at home, you may avail leave and resign and express inability to serve.

You shall have to find soloution to the responses of the company which may include delays in your settlement.

You may seel opinion from a local service lawyer.The appointment letter, which is contract, can not in prejudice to the rights of employee,and the employee can not be a bonded labour.

Vinod kashyap (Advocate & Legal advisor) 10 April 2010

You should give a notice in writing to deposit amount in liue of notice period.

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