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harish-pu
I got a new job at an organization they requested me to join in 20 days. As per my appointment letter, the notice period is 30 days or salary in lieu of. But my manager is saying that I need to stay for 2 months to find a replacement for me and hand over the project details.

Do I have the right to negotiate 20 days and pay 10 days of salary in lieu? Also, I want to understand, as per the appointment letter, 30 days was only mentioned, and not reliving as per policy is immoral?

From India, Chennai
vmlakshminarayanan
919

Hi, Strictly speaking 30 days notice as period as per your appointment order is valid. Whether to accept money in lieu of notice period will be employer's discretion. You may request but cannot demand as a matter of right. There should be some clause in your appointment order " the notice period is 30 days or salary in lieu of at the discretion of the Employer ". Depends on the roles and responsibility of the employee, Employer will take a call. If Employer is insisting for 2 months notice due to exigencies of project requirement try and negotiate for minimal notice period above 30 days. It is always advisable not to constrain the relationship with the employer reason being in future during BGV Employer might share negative feedback or you yourself might apply back to rejoin.
From India, Madras
KK!HR
1530

The question whether the notice period, in part or full can be waived off against the deposit of salary for that portion, would depend on the policy/practice of the organisation in this regard. Even if there is a provision for it still it is discretion of the management to accept payment in lieu of notice period. So, you have no right to insist on part serving notice period and partly depositing your salary for the remaining period.
As regards the condition put by Manager for serving two months as notice period, it is against the rules, illegal, and improper. So, the Manager cannot insist on it.

From India, Mumbai
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