Resignation with short notice - legal recourse with unwilling employer - CiteHR
Dinesh Divekar
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Can anyone help?
In my appointment letter its mentioned that notice period is of 3 months and its sole discretion of company to waive in full or half with or without payout for short notice. Now if I want to resign with short notice say 30 days or 60 days, and if company not agreed to waive notice even with payout for short notice, what are the option for me. In recent past company not allowed anyone to relieved with short notice, they are not giving reliving letter instead they report employee as absconded or terminate even though employee resigned properly but with short notice

Dear friend,

The appointment letter is contract between employer-employee. The terms and conditions mentioned in the appointment letter favour the employer. Therefore, these will not stand scrutiny of the Indian Contract Act, 1872. Nevertheless, some aggrieved employee has to raise this issue. To do this, they need to send the lawyer's notice. If not, the former employees who gave a short notice and were declared as absconded should have at least approached the labour office of the area where your company is located. Labour officer could have issued the notice to the employer. Employees are not taking up this matter because employers in India are big fat cats and belling them requires courage. The fattest cat that has even monstrous size is Dr Vijay Mallya. He could away even without paying wages to his employers speaks everything.

Have you resigned from your job? Do you have a fresh job at hand? If yes, then put up formal application to MD for designing unequal or on-sided conditions of employment. If he/she does not oblige then approach the Labour Officer.


Dinesh Divekar

There is nothing in the contract act that says contracts have to be even sided and fair.
So, I do not think the appointment letter clauses can be shut down on grounds of being unfair.
So, discuss this with your manager and see what can be done
There is no recourse.

Unfortunately you are stuck with the problem.Only way out(if at all) is to request and convince your manager to accept short notice.
Legal way out may be there,but how far you can prove anything is open to doubt because you have voluntarily accepted to join the company.
The company did not force you at gun point to sign the agreement or accept job offer with such conditions for exit.

The contract concedes the discretion to waive the notice period to the employer only and you have agreed to it and now there is little that can be done from the point of law but it is not that every problem shall be solved through jurisprudence but problems can be solved through ordinary prudence like good liaison, tact and persuasion etc.

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