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Notice Period Law

Page no : 2

Rishi Joshi   10 February 2016

Hello Experts,

I am Rishi Kumar Joshi and i am working in a pharmaceutical company. the company has notice period of 3 months with a condition. the letter of confirmation says.....

"Your service can be terminated at any time by three month's notice. In case of resignation from the service of the company, you will have to give three month's notice otherwise the company has the right to deduct three month's salary from your legal dues as liquidated damages"

i have resigned on 02/02/2016 and i am ready serve one month notice and pay for rest two months.

but my head of department is not getting agree upon this and say you have to serve three month's notice, i will not relieve you before that. but my new organization can wait for one month i.e. 02/03/2016.

what should i do? please guide.



Kumar Doab (FIN)     10 February 2016

@ Rishi,


It is always better to initiate a new thread.

1. The matter pertaining to notice period has been discussed in detail in this thread.

The notice period/pay is part of service conditions and governed by various enactments applicable to employer/establishment/employee.


In our case the company has inserted the word 'Liquidated damages' to divert the attention, from notice pay in lieu of notice period.

What is your designation and nature of duties?


2. In any case the option of 'Liquidated damages'  in lieu of notice period is inserted by employer itself and employer can not breach the T&C in contract drafted by it.


Is it inserted in appointment letter or any other policy/rule/book etc inserted in appointment letter e.g. HR policy/Service Rules and regulations/Employee handbook etc that it mandatory or discretionary for employer/manager to grant approval for 'Liquidated damages'  in lieu of notice period, if employee ha sinitiated separation by notice of resignation?


Have you mentioned notice period/LWD in notice?


3. Saying,asking,telling etc are all verbal transactions and difficult to prove.

Hence you may mention in subsequent communications adressed to good offices of appointing authority/MD etc (under proepr acknowledgment by letter or at least from personal email id) that as per clause apointment letter have submitted notice of resignation (attach copy) dated...................with notice period of ............days and LWD..................being dated.....................and to whom you should handover the charge under proepr acknowledgment within and upto LWD/dated.................and that acknowledgment and acceptance of notice/resigantion, correct FnF statement showing computation of earned wages/notice pay/leave encashment/bonus/reimbursments/incentives etc, FNf payout,correct Form16 as per correct FnF statement,salary slips of all months,service certificate,relieving letter,   NOC/NDC be supplied to you within and upto dated/LWD.


You may add that NO tasks are pending at your end and routine duties be issued that can be completed on daily basis within and upto dated/LWD........................and that you have worked sincerely and have been awarded with........................appreciations/awards/rewards etc................and download proof of each and everything.


4. You msut firm up with next employer that your current employer is unwilling to relieve you after 30 days and you can only supply the copy of ONLY notice/final resignation and should be absorbed with these only and notice pay/period of 60days be paid to you on DOJ withut any conditions........


Rishi Joshi   10 February 2016

Thank you sir for your valuable guidence.

Kumar Doab (FIN)     10 February 2016

@ Rishi,

You are welcome.

You have not replied to any point.

Hope you have understood the further action you can take.


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