Dear all :
I solicit your input / validation on the clause on resignation vs notice period.
Present terms of appointment states "Your services are liable to be terminated by either party giving to the other party three months notice in writing. The Management, however, may dispense with your services by giving 3 months salary (Basic + DA+VDA) in lieu of notice. During the said period of notice, no leave of whatsoever nature shall be allowed."
Is the clause legally valid. Because as per this clause the employee does not have the option to leave the services by giving 3 months salary. He has to necessarily work for 3 months. Whereas the the company can do so. My contention is that the exist option should be equal for both the parties.
If an employee is leaving for better prospects and the prospective employer insists that the employee has to join in a month's time or else he loses the chance, can the company in which he is working still insist to serve the 3 months term and does not allow him to adjust the short notice period against his accrued PL or against payment . If the present company does not relieve him without serving 3 months, can the employee proceed legally against the company stating that his better prospects is stalled by the organisation.
IF you have similar cases, kindly share the same. Please also clarify on the above.
With thanks & regards. K Venkat
I solicit your input / validation on the clause on resignation vs notice period.
Present terms of appointment states "Your services are liable to be terminated by either party giving to the other party three months notice in writing. The Management, however, may dispense with your services by giving 3 months salary (Basic + DA+VDA) in lieu of notice. During the said period of notice, no leave of whatsoever nature shall be allowed."
Is the clause legally valid. Because as per this clause the employee does not have the option to leave the services by giving 3 months salary. He has to necessarily work for 3 months. Whereas the the company can do so. My contention is that the exist option should be equal for both the parties.
If an employee is leaving for better prospects and the prospective employer insists that the employee has to join in a month's time or else he loses the chance, can the company in which he is working still insist to serve the 3 months term and does not allow him to adjust the short notice period against his accrued PL or against payment . If the present company does not relieve him without serving 3 months, can the employee proceed legally against the company stating that his better prospects is stalled by the organisation.
IF you have similar cases, kindly share the same. Please also clarify on the above.
With thanks & regards. K Venkat