• Willing to serve 60 days notice period instead of 90 days and pay/buy for 30 days

Dear Lawyers,

I am currently serving notice period and the appointment letter states that as 90 days. I am willing to serve 66 days and want to pay/buy back for remaining days. The appointment letter states:
Notice Period:
a) Your services can be terminated by either party by giving to the other, a notice of 3 months in writing (hereinafter referred to as Notice Period) The company however, reserves the right to terminate your employment with immediate effect by giving you basic salary for 1 month in lieu of the notice period.

b) Your position with the company calls for mandatory compliance with the Notice Period, unless relaxed by the company in writing. Your termination of employment without compliance with the Notice Period shall be treated as a material breach of this contract and Company shall be entitled to insist on your mandatory performance of the notice period and/or claim damages equivalent to notice period (three or actual number of days served) months salary.

Probation Period: As per the organization policy, the probation period applicable to you shall be three (3) mo nths. Your confirmation as a permanent employee is subject to the terms and conditions of the HR [policy of the company, performance evaluation and approval from your manager. This confirmation will be communicated to you in writing.

I have been working with the company for past 4 months when I submitted my resignation. I have already informed company HR and other Senior management of leaving after 66 days of notice and also told my intention to pay/buyout my remaining notice period. They are not listening and forcing me to serve 90 days or face legal proceedings.

What legal implications it may bring if I just leave after 66 days, informing them that as discussed I am leaving today and willing to pay for remaining days if they are willing to issue the exit forms/exp cert to me.

Please help?
Asked 8 years ago in Labour

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6 Answers

HI,

You want to leave after 66 days.

You can leave and give reason to them. there are certain conditions in implication of such agreements which can be treated as exceptions in favor of employee in order to avoid the unnecessary hardship that may be faced by employee.

in " Superintendence Co. of India v. Krishun Murgai. (AIR 1980 SC 1717):" there is a line specifically in your favour.:::;At the time of the agreement, the employee may have given little thought to the restriction because of his eagerness for a job; such contracts "tempt improvident persons, for the sake of present gain, to deprive themselves of the power to make future acquisitions, and expose them to imposition and oppression."

Section 24 of Indian Contract Act can favour your version.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

it is at discretion of company to accept salary in lieu of notice period

2) you have to serve the 90 days notice period

3) if you fail to serve the notice period company can sue you and claim damages

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. As per the agreement you ahve no option to buy out the inserved tieperiod.

2.only the emoloyer cna doso .

3.Howeevr the terms ofthe contract is clearly one sided or unconscionable and hence you can very well quit the company after 66 days.

4. if the employer seeks legal recourse not much success they are expected to recover from court of law.

5.In any event in most of such disputes the company never chooses the legal recourse.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Going by the termination clause, it appears that the company may at its discretion permit you to buy-out the notice period in partial or in full. Thus the version of the company that there is no provision of buying out the notice period in the agreement, is a sham.

Please inform them in writing of your intent of serving for 66 days out of 90 days notice period. Offer them to pay for the remaining 34 days, and also resign under the same mail.

Seek payment of your dues and seek requisite experience certificate etc. \

The company should do the needful.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Inform the same through e-mail, the same will be a good defense if they proceed to file any case in future.

if you are need of experience certificate then I would advise you to serve the notice period otherwise the company are in this habit of not issuing experience letter if the employee leaves without serving complete notice period.

However, you may talk to the management with regards to this with the management.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Have you sent your resignation letter in writing and whether the same was acknowledged?

If so, you can invoke the clause of the employment offer letter and state that you are ready to serve the said period and would pay for the balance period of notice as per the conditions of employment.

If the management is refusing to accept your offer for resignation, you may initiate appropriate legal action by first issuing a legal notice to this effect

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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