My office isn't allowing me early relief at all. They insist that I must complete a 90-day notice period mandatorily. They aren't even willing to let me pay in lieu of my notice period.
I have to join a college for my higher studies starting in the next 10 days. The result came two weeks ago, and I need to join the college for my higher studies.
Clause from the appointment letter
"Either party has to provide 1 month (30 days) notice or salary in lieu of notice in case of termination of services during the probation period. On confirmation of the services after 6 months, either party has to provide 3 months (90 days) notice or salary in lieu of notice in case of termination of services. The Company reserves the right to recover salary in lieu of the notice period. Upon acceptance of your resignation, the Company may, at its discretion, relieve you from such date as it may deem fit even before the expiry of the notice period without compensating for the expiry of the notice period and without compensating for the unexpired period and is not bound to give any reasons thereof."
What remedies do I have at my disposal?
From India, Delhi
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I have to join a college for my higher studies starting in the next 10 days. The result came two weeks ago, and I need to join the college for my higher studies.
Clause from the appointment letter
"Either party has to provide 1 month (30 days) notice or salary in lieu of notice in case of termination of services during the probation period. On confirmation of the services after 6 months, either party has to provide 3 months (90 days) notice or salary in lieu of notice in case of termination of services. The Company reserves the right to recover salary in lieu of the notice period. Upon acceptance of your resignation, the Company may, at its discretion, relieve you from such date as it may deem fit even before the expiry of the notice period without compensating for the expiry of the notice period and without compensating for the unexpired period and is not bound to give any reasons thereof."
What remedies do I have at my disposal?
From India, Delhi
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Legal Implications of One-Sided Appointment Orders
The appointment order or the termination clause is one-sided. Therefore, if you pursue legal action, it may not be maintainable. It is true that at the time of joining, you should have signed the agreement as you accepted the terms and conditions. However, if you challenge it with genuine reasons, the court or the officer in charge of dispute redressal under labor law, such as the Industrial Disputes Act, may allow your early release. Even if you are not a worker covered by the said Act, the right to education being a fundamental right means the employer's demand for a 90-day notice period may not be enforceable.
Steps to Take for Early Relieving
Write a letter to your employer stating that you are leaving because you have been admitted to the XXXX program, which starts on DDD, and request to be relieved accordingly. If they do not agree, send a copy of the same letter to the Labor Officer, requesting their intervention. Mention that your appointment order was one-sided and that you were compelled to sign it upon joining. Also, clarify that you are leaving not to take another job but to pursue an academic program.
From India, Kannur
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4526The appointment order or the termination clause is one-sided. Therefore, if you pursue legal action, it may not be maintainable. It is true that at the time of joining, you should have signed the agreement as you accepted the terms and conditions. However, if you challenge it with genuine reasons, the court or the officer in charge of dispute redressal under labor law, such as the Industrial Disputes Act, may allow your early release. Even if you are not a worker covered by the said Act, the right to education being a fundamental right means the employer's demand for a 90-day notice period may not be enforceable.
Steps to Take for Early Relieving
Write a letter to your employer stating that you are leaving because you have been admitted to the XXXX program, which starts on DDD, and request to be relieved accordingly. If they do not agree, send a copy of the same letter to the Labor Officer, requesting their intervention. Mention that your appointment order was one-sided and that you were compelled to sign it upon joining. Also, clarify that you are leaving not to take another job but to pursue an academic program.
From India, Kannur
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Notice Period Extension Letter Format.doc