Buyout Of Notice Period - CiteHR
Labour Law & Hr Consultant
Ghorpade Rajesh
Hr Gernalist
+1 Other

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According to my offer letter i have to give 2 months of notice period before leaving or have to pay 2 months salary.
Do i have to pay full salary or i have have to pay only basic salary part. My employer asking for full payment.
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There is no room for ambiguity or an otherwise interpretation suited to one's convenience when it is mentioned as " two months salary" in the offer letter. salary normally would mean the gross sum payable at the end of the wage period based on full attendance including authorised leave and holidays.
Dear Sh. Amarendra,

Reference to your queries i would like to suggest some value additions, As far concern to notice period there is legal provision for one month. And as per that provision if any employer want to terminate any body than it is expected that he has to give him one month notice or has to pay one month salary in lieu of notice period. On contrary it is also expected to submit one month notice period, if any employee is going to resign from his services. But in this communication there is no any legal provision is available in laws, which empower employer to recovered one month pay directly from the employee.

Yes employer can claim the recovery against damages or loss , but for that he has to follow some judicial proceeding.

Lastly as you are stated about two month notice or two month pay. This issue can be discuss on basis of service conditions. But there is no any legal support , if employee denied for two month notice or refuse to submit two month pay than responsibility will be hang on employer shoulder to make it clear that why two month period is required to relive the employee?


Ghorpade R.J.
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