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Dear All,
My appointment letter dated Dec-2012 mentions that I shall be bound by the code of conduct and online staff guide of the company. My conformation letter of June 2013 states that my services are terminable from either side by giving 3 months notice / 3 months salary in lieu of notice (it does not mention about discretion of management). Now the online guide mentions a clause on cessation of duties which states that decision on notice period is at discretion of management. Kindly suggest the remedies available with me to give a short notice. Pls help
Regards,
Dipesh

From India, Mumbai
To add, I am ready to serve one months notice and compensate for the short notice but my company is insisting on 3 months notice only
From India, Mumbai
Dear Dipesh,
The purpose of inclusion of notice clause prior to unilateral termination of employment by either party in the contract of employment is only to cover the delay in finding a suitable substitute by the employer without detriment to the fulfillment of the normal responsibilities of the job and to enable the employee to get compensated for the loss of earnings or to have some time to find an alternative job. However, the buy-out option of the notice period,if any given is only a concession to the employee concerned. Therefore, a concession can not be claimed by an employee suddenly leaving the employment on his own as a matter of right just because it has been mentioned in the contract. On the ground of exigencies of work, the employer has the implied discretion to accept such an offer or to reject it. Hence the absence of such a discretion clause or its later addition can not take away the managerial prerogative of the employer.
It is for the employee to plan his hassle free exit so prudently as to serve the specified notice period in entirety.

From India, Salem
Dear Umakanthan Sir,
Thank you for your reply. I am ready to service one months notice which is a fair time for finding a replacement. Also the compensation for short notice can also be used to pay joining bonus to the new employee to encourage him/her to join early. Also since there is a signed letter (Confirmation letter) which does not state about discretion of management, is it correct to force to serve 3 month's notice ?

From India, Mumbai
Dear Dipesh,
What I've mentioned is only the legal position. If your employer is willing, he can show you concession even to the extent of waiving the notice period in part or full. As an educated person you know well that most of our employers are in the Victorian mind set of treating employment as a lifetime engagement with them and they are reluctant to part with the services of any of their effective employees and as such they would try to stall the exit or make it complicated so as to discourage other employees. That's why I insist on a well planned exit. Try to appeal to your CEO and convince him of your alternative proposal that can equally serve the interest of the organization also.
Best of Luck!

From India, Salem
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