Hi,
I have joined IT organization four months ago in July.
I want to resign from the organisation at the earliest due to personal reasons but HR and manager is insisting to serve notice period of 3 months. I have offered for replacement as well as buy out of notice period.But thy are denying to accept it and harassing me mentally.
The terms of termination mentioned in my appointment letter are as follows:
1) During the period of training, LTI alone has the right to terminate the contract of employment by
giving one month's notice to that effect in writing or basic salary in lieu thereof
2) After completion of the said training and confirmation thereof, LTI has the right to terminate the
contract of employment by giving three month's notice to that effect in writing or basic salary in
lieu thereof.
3) The right to terminate the contract of employment can be exercised by you upon giving at least
three month's notice to that effect in writing.
How can company have clause which are so exploitative? how can company terminate anyone by giving three months salary in advance but employee can't do so? Is it not against the principles of natural justice?
Please guide what should I do... its getting difficult for me..
Company has also violated clause of probation period wherein in appointment letter there is clear mention of 1 yr of probation but company has confirmed me as permanent employee without any intimation..
Please guide
Hi,
Firstly, please sit down and talk to your reporting manager and HR about this issue and expain to them your situation. If this turns out to be a futile exercise, a legal recourse can be taken.
No employer can force his employee to complete the notice period mentioned in the contract of employment if the employee isready to buyout his/ her stake. The labor laws donot specifically address this issue. However, aid can be taken from other statutes
1. Section 14 of the Specific Relief Act, 1963 - it states that where compensation in money is an adequate relief for non performance of the contract, the same cannot be imposed.
2. Section 27 of Indian Contract Act 1872 - the section provides that an agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void
3. In extreme case, one can also consider filing a writ with the High Court under Article 226 read with Article 19 and Article 13 of the Constitution.
Best regards,
Megha
