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Venkat (Asst Manager)     05 May 2010

Notice period of 3months ?


I have been working with a big MNC for last 5 years. The notice period per internal policy is 3 months. When i sent resignation letter thru email, the management is forcing me to serve 3 months notice period. But any other company is not ready to accept 3 months period to join the new company after giving offer letter.

I dont want to serve the 3 months notice period and I am ready to pay salary+other penalties (if any, per the company's internal policy) for short fall of 90 day notice period.

Please advise how i can proceed legally in this regard.



 5 Replies

Amardeep Srivastava (Senior Law Officer)     05 May 2010

Dear Venkat, Please check your terms of appointment. Does it say that acceptance of salary in lieu of notice period would be at the discretion of the management. If it is so then the only option is to sort it out through discussion. Otherwise you can remit the amount under the relevant clause and leave. However, please note that in order to have a smooth settlement its better to sort out the issues with personal discussions.

dhrao (general manager-hr)     07 May 2010

just cheak your appointmant letter if it says three months period or paymenent inleu there off then you send chque to meet the contract

Tapan Amoria (Manager H.R.)     08 May 2010

Dear Venkat

Even if the appointment letter does not say for for money in lieu of notice you can not be compelled to work. As ther are several high cour decision where it has been decided that "specific performance of employment cannot be enforced at the most employer can demand damages which can not be more than your notice period salary.

Meet some good lawyer and give one legal notice to your company

Vijayarajan (Executive Director)     17 May 2010

The employer can ask for damages if any in a court of law. The cannot enforce provisions through an agreement signed by an unemployed person who may sign in any agreement for getting an employment. Un ethical terms included by an employer against any law will not prevail. A good lawyer can help you in this regard.

Kumar Doab (FIN)     23 May 2010

Study your appointment letter/terms of appointment carefully. Obtain the opinion from your lawyer.

You may fix up an appointment with your reporting authority and HR and using persistence, patience,negotiation skills, common sense, good conduct,convince them with your view point and offer to help them find a replacement /handover charge/help to complete assignments and tell them that you shall be available and accessible for help whenever required.You should perferably minute the meeting.

Resoloution thru discussion is the best wayout.

If you feel that desp[ite offering best of the cooperation the employer is unwilling, you have to take the lagal recourse.


The experts have pointed out maximum you shall have to remit notice pay.

The employer pushes since reference check by consultant/employer is a practice and the emplyeee would need relieving letter/NOC NDC/form16/work expereience certificate/PF transfer -withdrawl etc, and many of the employees do not keep themselves updated on their rights and legal traps and wayouts.

It is better to retain a good lawyer and seek legal advice in case of a doubt and avoid a situation.

 Seek opinion from your family and experienced well wishers before you sign on dotted line.

Try and build rapport in this and future ventures, to ensure smooth transition for you.Be smart.

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