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Friend,

With 3 months stated in my appointment letter, I wish to give one month's notice and am ready to forgo the salary in lieu. I am leaving my organization due to a very difficult senior, about whom I have also lodged a complaint with my CEO. I have accepted another great opportunity and they require me to start within a month.

I have a team member who is familiar with and capable of handling the responsibilities I am currently managing. The major assignments have been completed, and given this recent development, I prefer not to take on any new tasks.

Please inform me if the organization has the authority to mandate a longer notice period, even if the transition of work and knowledge sharing are not obstacles to justify an extended service period, especially when I am willing to make a payment in lieu.

How can I assert my request for a one-month notice period and ensure it is honored?

Thank you.

From India, Mumbai
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Dear [Recipient],

We agree with Yedula. Just send a letter enclosing the Notice pay by a DD. Your letter should be appealing in nature and also refer to the meeting with the CEO wherein you expressed your difficulties. Let us see your drafting skill in this Exit letter.

With Regards,

V. Sounder Rajan

From India, Bangalore
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My clause of Notice period goes like this....

"You are required to provide the company with not less than 3 months' written notice to terminate this agreement. Should the company terminate your employment unless it is by reason of misconduct, the company will give you three months' notice. The company reserves the right to require you not to attend or attend work or undertake duties in relation to the employment during the notice period. The company has the discretion to pay you in lieu of notice."

On plain reading, it does not specify that I too can pay in lieu of the notice period. But taking the last sentence into consideration, can I construe that this facility should be applicable to both parties to be just?

From India, Mumbai
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Hi!

Your company cannot bind you if you are willing to pay in lieu of the notice period. To terminate your employment with your current organization, you need to pay the notice or salary in lieu of the notice period. Also, check for any bond or surety if you have signed one. If so, it will also be applicable to you.

Warm Regards, Saurabh Goyal

From India, Mumbai
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Saurabh, No. I’ve not igned any Bond or Surety with the company. It is just a LOI and the appointment letter which was signed by me.
From India, Mumbai
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Dear [Recipient],

No company can compel an employee to serve the notice period if the employee agrees to pay for the notice period as mentioned in the appointment letter. The establishment will relieve the concerned employee upon completion of all formalities of record and job handover as decided by the reporting authority within a reasonable time.

Thanks, Mohd. Arif Khan 09891497178.


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Hi,

In my appointment letter, it is clearly stated that if the company intends to terminate, they can pay salary in lieu of the notice period. However, if an employee wants to resign from the job, they have to serve the full notice period unless and until the company accepts in writing that the employee can be relieved by paying salary.

In my case, I have resigned and was willing to serve a one-month notice period and pay salary for the balance period. However, the company is compelling me to serve a two-month notice period, which I am not willing to do.

What will be the obligation if I have to breach the terms and conditions of the employment letter? The employment letter does not state any clause on what my obligation would be in case I breach the agreement.

Regards,
Nav

From India, Secunderabad
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