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Murali Krishnan   24 February 2024

Notice period buyout is not mentioned in the offer letter

Dear All,

I am working as a Permanent employee in Pvt Ltd company in Chennai for the last 5 years .
Now decided to quit and found a new employer who wants me to join in 2 months notice but my present employer has 3 months notice period. and Offer letter clause as below:

"If you Offer to resign from the services of the company you shall give 3 months notice to the company.In the event of your resignation being accepted you will be discharged from your duties and obligations towards the Management only upon being relieved from the Services of the Company. You shall serve the Company during the notice period.Leave in your credit if any, shall not be adjusted against the notice period.

Upon submission of resignation, You shall not be eligible for LTA and medical allowance in monthly gross salary or other annual benefits. You shall forfeit LTA and Medical allowance already availed by you for any incomplete years of service.

If the company wishes to terminate you, The company shall give one month's notice period, If the termination is not due to disciplinary issues."


Spoke to my new employer and they stick to 2 months.

Kindly suggest me a way out.

Thanks and regards.



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 February 2024

If your employer has waived one month notice period, then you may proceed with the two months notice period itself. 

Murali Krishnan   24 February 2024

Present Employer wants me to serve 3 months.
But I want to join the new employer in 2 months.

Also , I have cited only health reasons in the resgination email.

Kindly suggest a way out.

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