Confused About My Notice Period: Can Anyone Help Me Understand My Appointment Letter?

Hi Friends, it's really quite urgent for me. I have resigned from my company where I was informed that I have a 1-month notice period, but now they are saying it is three months. I have already committed my joining date in my new company, and they are not extending it as they now think I am lying about my notice period.

Notice Period

The text of my Appointment Letter states that:

"Your service is liable to be terminated by the company giving 'Three Months' notice or payment of gross monthly salary in lieu thereof on either side on confirmation. However, in the event of your resignation, the company, in its sole discretion, will have an option to accept the same and relieve you prior to the completion of the stipulated notice period of one month without any pay in lieu of notice period."

Could anyone please confirm by reading this what my notice period is, as I find the language very confusing? I have already resigned, and it's been more than a month now.

That's what happens when contracts are loosely drafted or made by people simply copy-pasting or by someone not dealing with them. The document cited seems to be quite loose. Well, anyhow, you will surely benefit from the doubt.

Notice Period Clarification

Coming back to the question of what the notice period is. Due to blind copy-pasting, the content has become confusing and contradictory. If somehow we try to keep both languages as they are, then it implies that the resignation notice period is one month.

Steps to Address the Notice Period Issue

Now the immediate question is, what is to be done? HR will surely not accept your viewpoint. They will stick to the three-month period. Try to amicably explain to them that three months are for termination, and termination and resignation are two different events, as per the language used. Try to find a mid-way. If that fails, be prepared to bear the brunt of compensating the company for the remaining 1-1.5 months or adjusting it in your F&F.

By saying so, some may ask why you should compensate when you are not wrong. Compensation is necessary because you need their relieving and experience letter to secure your new job. They are currently in a position to manipulate unless your new company exempts you from such a certificate and is okay with accepting your resignation letter.

If there are any other concerns, please let us know.

Thanks,

Regards