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Ravi (Application Developer)     14 June 2010

Not serving Notice period

I have been working for this company for 2 months now and have resigned. I want to leave immediately as i do not like the job profile and have got a better offer in hand now.
My appointment letter says as below :
Your service may be terminated by either party, giving notice in writing for three months or payment of salary in lieu thereof. The company reserves the right not to accept salary in lieu of notice.
Company reserves the right to terminate your employment wothout notice on grounds of breach of policy, misconduct or unsatisfactory performance.

I am willing to pay three months pay for not serving the notice period. What legal action can the company take against me if it does not accept salary in lieu of notice ?

Thanks for your reply.



Learning

 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     15 June 2010

There is a condition by the company that it may oppose the salary in lieu of the notice period and it is at the discretion of the Company

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     15 June 2010

ravi

as per the agreement u r willing to peform the terms of agreement.after fulfilling the terms its all about the company's discretion.

if company will not accept ur resignation  they may iniciate disiplinary proceedings agaist you bbut when u perform ur duty it will be a sheild for any action taken aganist you.you need not worry

all the best for ur carier

kranthi (retainer advocate)     25 June 2010

when u r paying amount insted of notice  u have take from the company letter as u have paid amount insted of notice& u rresignation accepted for future compliance. if u have not given any notice& not paid amount the co. will proceed againest for damages

Devesh A. Bhatia (Advocate)     04 July 2010

Dont worry at all. Companies dont go after these situations. What gain will they have even if they force you to serve another month. You will not perform for them during that period as well as you may be a threat to other employees. So companies usually let go of these matters after receiving full financial commitment as well as banning you from employment in that company there after.

ashish lal (Advocacy)     17 December 2010

I agree with Mr. Devesh. Give the company the notice stating you are ready to give three months salary .........


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