toba012345 (engineer) 23 July 2010

Notice period problem

I have a problem relating to resignation. I have given my resignation on 10th of July 2010. As per the employment terms, your services are liable to be terminated by the company without assigning any reason, by giving you 90 days Notice or salary in lieu of such notice. Likewise, you may resign from services of the company by giving 90 days Notice or salary in lieu of Notice. Salary for this purpose will be computed at one month of Basic Salary. I have requested the management to relieve me at one month notice(so as not be unreasonable) following which i would be paying the balance notice period amount. However they now claim that the management will decide whether or not to relieve the employee before 90 days.but It is not mentioned in the appoinmnet letter.The reason cited is that they donot have a replacement. However that is not a part of the employment terms. Can I contest and give them a show cause as to why i cannot be relieved before the 3 month notice?

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Hemant Arya (Lawyer) 23 July 2010

Dear in order to reply to your query, it is necessary that the complete terms and conditions of your employment be reproduced by you. Though, while raising your query you do have reproduced some portion of the terms of employment but they are not complete.

It is important to know whether there is any condition which either directly or indirectly reads/states that the said notice period of 90 days can be waived of/reduced by the company.

Another important thing to know before replying is your nature of work/profile for which you were employed. There are certain fields wherein the reason of non availability of replacement can be a justified ground for company.

I hope I have made myself clear to you.

Take Care

Hemant Arya, Advocate & IPR Attorney