I want to quit my present job and don't have time to serve a 1-month notice period. My contract says, "In the event Employee terminates the Agreement, 'Employer,' at its option, may insist on performance of work during the notice period, waive the notice period in consideration of the employee paying 'Employer' an amount equal to Employee's base salary for the notice period, or waive the notice period without any consideration."
I have forwarded my resignation letter, but it was not accepted. HR, after going through the clause, says that they will not exercise the option of payment in lieu of notice in this case because the company doesn't want to set a bad precedent. HR's explanation is that if they allow me to buy the notice period, then the next day, another employee will also come and ask for the same. They have also threatened that in case of a breach, legal consequences will be taken against me, even though there is an arbitration clause.
Questions on Employment Termination
1. Can an employer force an employee to work under his organization?
2. When there is an option of payment in lieu of notice, can the "Employer" avoid this option?
3. What legal rights do I have?
4. What if I don't continue my job after serving a resignation letter stating that I am willing to compensate?
Enclosed is a copy of the Employment Agreement (Name changed).
Regards.
From United States
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I have forwarded my resignation letter, but it was not accepted. HR, after going through the clause, says that they will not exercise the option of payment in lieu of notice in this case because the company doesn't want to set a bad precedent. HR's explanation is that if they allow me to buy the notice period, then the next day, another employee will also come and ask for the same. They have also threatened that in case of a breach, legal consequences will be taken against me, even though there is an arbitration clause.
Questions on Employment Termination
1. Can an employer force an employee to work under his organization?
2. When there is an option of payment in lieu of notice, can the "Employer" avoid this option?
3. What legal rights do I have?
4. What if I don't continue my job after serving a resignation letter stating that I am willing to compensate?
Enclosed is a copy of the Employment Agreement (Name changed).
Regards.
From United States
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Legal Notice for Breach of Notice Period .docx
Notice period.jpg