Is It Legal to Serve a One-Month Notice When My Contract Says Two Months?

popeye.sailor
I am working in an organization where the notice period is termed as 2 months, but I didn't agree to it and didn't sign the appointment letter which mentioned 2 months as the notice period. I was informed that as an employee of the organization, I should follow the policy and serve a 2-month notice period. However, I am interested in serving only a one-month notice period and handing over the tasks within that timeline as I need to travel outside the country for a new opportunity.

Legal Inquiry on Notice Period

Is it legally correct if I say I can serve only a one-month notice period, and you can't force me to serve an extra month? I have only been with this company for 5 months, so there isn't much dependency on me.

Please advise.

Thanks,
Raghavan
Ankita1001
Every company has its own defined notice period. I can understand your situation of going abroad for better opportunities. In that case, please meet with HR and inquire about possible solutions. Most companies allow employees to adjust their pending leave credits for a reduced notice period. However, considering you have only been with the company for 5 months, you may not have substantial leave credits to adjust against a one-month notice period. You can propose to HR that you will serve a one-month notice period and then you will not be able to continue further due to your travel abroad (you can provide flight tickets as evidence for a genuine plea). Another option is to buy out the notice period. In other words, if you are not able to serve the additional one month's notice, you can compensate by paying the equivalent amount from your salary for that month. These are the only two ways out besides serving the 2-month period.

Regards
Veena Dhaneria
Policies vary from company to company. When I was working with a company, the notice period was 2 months, but I served only a 25-day notice period. You need to discuss this with the management, gain their trust, and make a graceful exit. Also, no company can take legal action on such minor issues.

Regards,
Vna
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