Hi Seniors,
My offer letter mentions the following clause:
"You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof."
I have received an offer from a company that is willing to wait for 2 months but not for 3 months. Therefore, I have requested my company to relieve me in 2 months. However, it appears that the HR head has sent a memo to all managers to ensure that no employee is relieved without serving the complete notice period of 3 months (ostensibly, this is to arrest attrition).
My question is, is the company within its legal rights to enforce me to serve the complete notice period of 3 months, even though I am willing to serve 2 months and buy out the remaining 1 month?
Please note that the memo mentioned above has not been communicated to the employees, but only to the managers. I have also tried to find this policy on the company's website, and I cannot locate it.
Please also consider the High Court ruling reported in DNA at the following link:
HC upholds buyout of notice period - dnaindia.com
Your views will be very much appreciated.
From India, Pune
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My offer letter mentions the following clause:
"You or the company may terminate your service at any time by giving 90 days' notice or basic salary in lieu thereof."
I have received an offer from a company that is willing to wait for 2 months but not for 3 months. Therefore, I have requested my company to relieve me in 2 months. However, it appears that the HR head has sent a memo to all managers to ensure that no employee is relieved without serving the complete notice period of 3 months (ostensibly, this is to arrest attrition).
My question is, is the company within its legal rights to enforce me to serve the complete notice period of 3 months, even though I am willing to serve 2 months and buy out the remaining 1 month?
Please note that the memo mentioned above has not been communicated to the employees, but only to the managers. I have also tried to find this policy on the company's website, and I cannot locate it.
Please also consider the High Court ruling reported in DNA at the following link:
HC upholds buyout of notice period - dnaindia.com
Your views will be very much appreciated.
From India, Pune
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Legal Notice for Breach of Notice Period .docx
Notice period.jpg