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tush1507
Friend, With 3 months written in my appointment letter, I wish to give a month's notice, and ready to bear the salary in lieu.
I'm leaving my org due to very difficult senior, about which I complained to my CEO too. I have given my consent to another great opportunity and they want me to join with in a month.
I have a team of 1 more member who undertakes and knows the responsibility I'm handing. Major assignments are over and I dont want to undertake any new one due to this recent development.
Please do let me know, if the organisation can compel me to serve a longer notice period even if the work transition and knowledge sharing would not be an issue to justify a lengthier service, and even if I'm ready to pay amount in lieu.
What do I do to assert my demand of 1 month and to have it my way.

From India, Mumbai
rajanassociates
50

Dear
We agree with Yedula . Just send a letter enclosing the Notice pay by a DD .Your letter should be appealing in nature and also refer the meeting with CEO wherein you expressed your difficulties.Let us see your drafting skill in this Exit letter .
With Regards
V.Sounder Rajan

From India, Bangalore
tush1507
My clause of Notice period goes like this....
"You are required to provide the company with not less that 3 month's written notice to terminate this agreement. Should the company terminate your employment unless it is by reason of misconduct, the company will give you three months' notice. The company reserves the right to require you not to attend or attend work or undertake duties in relation to the employment during the notice period. The company has the discretion to pay you in lieu of notice"
On plain reading, it does not specify that I too can pay in lieu of notice period. But taking the last sentence into consideration, can i construe that this facility should be applicable to both parties to be just???

From India, Mumbai
rajanassociates
50

Dear You have hit the nail on its head by your own conclusion by Pure logic and natural law application. With Regards V.Sounder Rajan E-mail : rajanassociates@eth.net
From India, Bangalore
Saurabh.Goyal
Hi !
Your company can not bound you if you are willing to pay in lieu of notice period. To terminate your employement with your current organization you need to pay notice or salary in lieu of notice period.
Also check for any bond or surety if you have signed? Then that will be also applicable on you.
Warm Regards,
Saurabh Goyal

From India, Mumbai
tush1507
Saurabh, No. I’ve not igned any Bond or Surety with the company. It is just a LOI and the appointment letter which was signed by me.
From India, Mumbai
mak007hr
13

Dear
No company can compel an employee to serve the notice period if employee agree to pay for notice period as mentioned in the appointment letter.
The establishmet will relieve the concerned employee on completion of all formalities of record and job handed over as decided by reporing authority with in a reasonable time.
Thanks,
Mohd. Arif Khan
09891497178.


nav1234
Hi
In my appointment letter it is clearly stated that if company intends to terminate then they can pay salary in lieu of the notice period but if employee wants to resign from the job he has to serve the full notice period unless and untill the company accepts in writing that employee can be relieved by paying salary.
In my case I have resigned and was willing to serve for one month notice period and pay salary for the balnce period. but company is compelling me to serve two months notice for which I am not willing to.
What will be the obligation if I have to breach the terms and conditions of employemnt letter.
The employemnt letter never states any clause on what would be my obligation in case I breach the agreement.
Regards,
Nav

From India, Secunderabad
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