Clarification On Notice Period Clause Of My Appointment Letter

Hi Friends,

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

The text of my Appointment Letter states that :-

Notice period.

\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"

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 event of your resignation, the company in its sole discretion will have an option to accept the same and relieve you prior to completion of stipulated notice period of one month without any pay in lieu of notice period.

\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"

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

Hi Prateek !

That's what happen when the contracts are loosly drafted or are made by people by simply copy-pasting or by some person not dealing in them. Document cited seems to be quite loose. Well, anyhow you will surely get benefit of doubt.

Coming back to the question that what is the notice period. Well, due to blindly copy-pasting the content has become confusing and contradictory. If some how we try to keep both the languages as it is, then it gives meaning that for resignation notice period is 1 month.

Now immediate question is what is to be done. Well HR will surely not gonna buy your viewpoint. They will stick for 3 month period. Try to amicably tell them that 3 month is for termination and termination and resignation are 2 different events, as per the language used.Try to find a mid-way. If that fails then -please be ready to bear little brunt of financial gains of compensating company a bit for remaining 1-1.5 months or adjusting it in your F&F.

By saying so, some people may say why should you even compensate when you are not wrong. Compensation comes in because you require their relieving and experience letter to get your new job. They are in position currently to twist you unless your new company exempts you from such certificate and are ok with the acceptance of your resignation letter.

If there's any other concern, let us know.

Thanks

Puneet Sarin

+919899998952