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Dear Sir, I joined a company 7 months ago, and in my joining letter, it was mentioned that a notice period of 90 days is to be served after separation from both sides or in lieu of. However, the management has now asked me to separate as they no longer require my services due to poor financial conditions. They are requesting me to serve a notice period of only one month, and they will only pay if I go to work.

What actions can be taken to demand in lieu of if they are not giving a three-month notice period?

Best regards

From India, Patna
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Notice Period in Non-Factory Establishments

If the organization is not a factory employing more than 100 employees, the notice period mentioned in the appointment order itself is illegal because the maximum notice required to terminate employment in an establishment with less than 100 workers is one month. It is true that for employees who have resigned and left, they should have collected three months' notice pay, and they should have insisted you also work for three months if you had offered to go. However, if you fight for the two months' salary, the matter may become complicated and could even affect your career. Therefore, it is advisable to accept whatever is offered and obtain a good and clean chit from the employer.

From India, Kannur
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