Anonymous
Hello all,
Please help me with the following

I have worked with a company for about 6 months prior to becoming a CA and after CA i got a good offer and wanted to go for the same
In the appointment letter of previous company following was mentioned

"Employment. Your service is confirmed from the date of commencement of employment.

Your service can be terminated by giving three months’ notice in writing or three months’salary in lieu thereof, on either side. You will not be permitted to adjust any accrued leave against the notice period."

Now i opted for the same and asked to serve 60 days and pay for remaining 30 days but the same was denied strictly by the HR team and they said that its not in company policy

I have to provide relieving letter in my current organisation or i will lose that job as well

I have been trying to reach the HR team since 3 mnths but no one is responding at mails or calls

Kindly guide me what can be done

From India, Mumbai
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Rkn61
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rkn61
572

Hello,

Stand taken by your company is perfectly correct and the same is in line with the relevant clause
in appointment letter, which read as follows:-

"Your service can be terminated by giving three months’ notice in writing or three
months’salary in lieu thereof, on either side. You will not be permitted to adjust any accrued
leave against the notice period"

Either you have to serve 3 months notice period or you have to buy out 3 months notice period, by depositing 3 months salary. In the clause, it is nowhere written that you can serve notice period partly and remaining notice period could be bought out.

So the option is either you serve three months notice or deposit 3 months salary in lieu of notice period, to the company and collect your relieving order

From India, Aizawl
kaushani-vejani
Hello P Radhakrishnan Nair

Thanks for the insight
But i had asked for paying 90 days salary also but the same was denied by saying that they dont have it in their policy and while this argument/conversation regarding the clause mentioned was going on i was connected with the company.
The HR did not respond to my mails for days and the entire conversation took almost 40-50 days and hence i decided to complete 60 days and pay for 30 days

From India, Mumbai

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