Hi, While joining the company (after two days of joining date), I have signed an appointment letter with the employer. In that, it is mentioned that the employer will decide whether the employee has to serve a notice period or he can pay the damage cost after resignation.

Now in my new company, I have urgent joining and employer forcing me to serve the notice period for 3 months. What can I do. Please reply.

From India, Pune
Doctor Siva Global Hr
Ceo-usd Hr Solutions
+1 Other


Dear Colleague,
The terms of employment contract which you had signed is clear that the Management is having right to insist you to serve notice period. Normally you can negotiate with both employers for a deal and make request of early receiving with current employer and seek time to join with next employer. Try to strike a balance as win-win.

It is moral responsibility and legal obligation to serve stipulated notice period which your next employer will also appreciate. If a company receives some one immediately on resignation, it indicates he is unimportant etc

Suggest not to breach agreed term of employment contract and later may invite legal process against you by employer
Approach positively both employers
All the best

From India, Chennai

It is not the practice to make one way traffic by the employer to decide that a employee will must serve notice period or not. Rather it is in build in most of the organization that what ever may be the notice period - the employee either serve or pay in lieu of that and if employer terminate without allowing the employee to serve notice period then the employer will pay in lieu of that.

It is always better to have amicably settlement between employee and employer. There are organizations who are relieving employees earlier than the notice period. Even new employer buy out the notice pay in some organizations.

In the instant case please talk to both the employer to find out one suitable solutions.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531


From India, New Delhi
Babu Alexander

”employer will decide whether the employee has to serve notice period or he can pay the damage cost after resignation”

The above clause in the appointment shows the organization culture “ not to have any transparency ’. If the decision is reserved with the Management, at the time of employee resigns, the contract is basically one sided and is a voidable. with this kind of clauses in appointment, eventually Management will find it difficult to identify good manpower resources. I am surprised to find such a clause in employment contract.

From India, Madras
If employee has left from service without serving notice; what action will initiate by employer against him? And what loss or threat to employee and possibility to lose his new job?
From India, Pune

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