Dear Seniors,
I need help from your side ,as i want to leave my current job but i am not able to serve notice period.
As in appointment letter it is mentioned that if you r not serving notice period i.e of one month.Then you need to pay 2 month salary otherwise company can take legal action against you.
So what should i do as i am not able to serve notice period ,

From India, Bhopal
Hr Litigations, Compliances & Er-ir
+1 Other


Dear Ms. Rekha, Greetings for the day:) Can i have a copy of your appoint letter so that i can assist your properly and provide you escapes from this issue
From India, New Delhi

This the format of appointment letter ,waiting for reply

Appointment Letter
Date: 15th January 2009


We are pleased to inform you that after careful consideration, company name has decided to extend an offer of employment as Software Engineer. We made this decision based on, in part, the information you provided us regarding your fitness to work. In our previous discussion, you assured as you will be able to perform the job duties with or without reasonable accommodation.

We have outlined the principal condition and terms to our offer below. Please review and contact us as soon as possible should you require any additional information.

1 Confidentiality

Your offer of employment is conditional upon your acceptance and observance of company confidentially policy. As an employee of company name you will have access to certain company confidential information and you may, during the course of your employment, develop certain information, inventions which will become the property of company nameor its parent company. We wish to impress upon you that we do not wish to bring with you any confidential or proprietary material of any former or to violate any other violation to your former employer. Also you present that you are not subject to any restrictions that prevent you from working for company name
2. Date of Appointment.

Your date of appointment will be 10 -01-2009

3. Full Time Position

Your position is a full time employment with the company and you are expected to devote yourself exclusively to the business of the company .The timings will be 10:00 to 7:00 hours Mondays through Saturdays and as per policy of our company(persons coming after 11:00 will be considered as half day and will be paid according to that ).You will be getting only one day as leave in every month excluding Sunday and IT based company holiday and if you are taking leave other than this mention day then salary won’t be counted for leave taken.

4. Salary and Allowances

As discussed with you, your compensation plan is outlined

5. Review period

Your offer of employment will be reviewed again after 90-days from the start of this
agreement. you will be getting salary amount ..

6. Roles and Responsibilities

You will be provided with roles and responsibilities that for this position Under separate
cover that will form part of this agreement.

7. Other Terms and Conditions

You will be liable to transfer in such capacity as the company may from time to time to
determine to any other location, which could be an international or Domestic branch of the
company .In such case you will be governed by the Terms and condition of a renewed
agreement based on the new assignment / Location.As discussed you also need to sign a
legal bond for six month.

8. Notice Period

Though we would never like that but in case for any reason you want to leave the
organization you have to give us a 30 days notice period in writing .If the notice period is
not served out then you will have to pay an amount to the company equal to your 2 month’s
salary or else the company can take a legal action against you.

We look forward to your joining the company name We are confident that you will enjoy working with the team, learn .deliver and have fun.

Sincere Regards
For company name




Place: Date:

From India, Bhopal

hi rekha,
if you are under probation, then there might be a reduced period. however, if you are a permanent employee, you may have to serve the notice or payment in lieu of, as may be prescribed.
you can approach your boss / HR and ask them to waive of or reduce the notice period / amount and deduct the same against your leave balance or final settlement. companies do consider, if you go out amicably.
alternatively talk with your HR, explaining why you are not comfortable / happy about your job. something can be worked out. there are more solutions and less problems, than we would like to imagine or believe. remember "Known devil is better than unknown angel"

From India, Madras

Dear Rekha,

Notice pay is equals to your basic salary for an month so you can pay them basic salary of 2 months in the absence of notice period or you can give them 30 days prior notice but pls make sure that you should get acknowledgement on the same so that there will be no chances of their refusal relating to non reciept of Notice period and also parellelly send them a email as a token of notice period

One more option is also available with you but it is not justfied to discussed that in a public forum

If still ambiguity persists feel free to contact the undersigned

From India, New Delhi

hi , Thanks for your help. one more thing i would like to know if iam paying them 2 month salary ,then will they provide me experience and relieving letter
From India, Bhopal

hi rekha,
you can ask them to consider waiving or reducing your notice period or amount and also ask them to give you a relieving and experience letter.
always mark a copy of such mails to your personal id (cc it). in case your present employers don't give it within a prescribed time frame or your new employers ask for this, you can always show a copy of your mail as proof of your resignation and request for time. companies nowadays give relieving and experience letter, as a matter of policy and also for ISO purposes (to close your file)

From India, Madras

Dear Rekha,

Greetings for the day:)

In such a case they will surely provide you exprience and relieving certificate.
If you have confusions then ask them clearly about this and firstly collect the both documents from them and handover the payment by the means of cross cheque

From India, New Delhi

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