In my appointment letter the termination clause is mentioned as below:
______Clause____
"After satisfactory completion of probation, the services will be liable to termination by Three month notice on either side without assigning any reasons therefor; provided also that Appointing Authority shall have right to terminate the services of the appointee forthwith or from any subsequent date on payment of a sum equivalent to the amount of pay last drawn by the employee for the period of notice in lieu of the notice period or period by which such notice falls short of."
i would like to serve for 45 days notice period and buy out for rest of the 45 days. But my employer says, as per below clause, there is no buy out option for employee, he said only employer can pay money in lieu of the shortfall notice period and can relieve you if he has decided. But i feel that the clause is applicable on eitherside. Please let me know the legal opinion on this. They are not accepting and saying i have to serve for 90 days notice period
______Clause____
"After satisfactory completion of probation, the services will be liable to termination by Three month notice on either side without assigning any reasons therefor; provided also that Appointing Authority shall have right to terminate the services of the appointee forthwith or from any subsequent date on payment of a sum equivalent to the amount of pay last drawn by the employee for the period of notice in lieu of the notice period or period by which such notice falls short of."
i would like to serve for 45 days notice period and buy out for rest of the 45 days. But my employer says, as per below clause, there is no buy out option for employee, he said only employer can pay money in lieu of the shortfall notice period and can relieve you if he has decided. But i feel that the clause is applicable on eitherside. Please let me know the legal opinion on this. They are not accepting and saying i have to serve for 90 days notice period