Hello Everyone, I have a question about the notice period serving. I am working in a company where working environment is not so good. So i have decided to leave the company and got the opportunity in another company and got selected and there are also some issues in my family. Therefore, i want to leave the company. The notice period is for 90 days and i have already served 30 days. I have also offered compensation in lieu of my notice period but my management is not agreeing and asking me to serve the 3 months notice period. My new employer is okay in accepting me only with a resignation acceptance. So will it be okay to leave the company and join one. Is there any legal implication for that
It is at discretion of company to waive notice period and accept salary in lieu of notice period
2) your company may not give you relieving letter if you don’t serve notice period
3) better to serve the notice period as it would other wise affect your future career
You can refer to your original resignation letter and address another to the company communicating your decision to leave the company ahead of your notice period and firmly inform your last of working and your willingness to compensate for the remaining notice period.
1. If the offer letter specifies three months' notice period on either side, then the Company has to accept your offer of compensation in lieu of shortfall of notice period.
2. If you want Experience Certificate and Relieving letter from the Company, the Company may insist for you to serve for ninety days' in full. If you don't want Experience Certificate and/or Relieving letter, then you can leave the Company and join a new Company.
3. Since three months' notice period on either side is in the offer letter, there can't be any legal implication for that.
If your present employer insists on your serving out the notice period in terms of the contract of employment, you have to comply. It is well within their discretion whether to accept your offer of salary in lieu of the remaining notice period, and you cannot legally challenge it. In the circumstances, talk to your would-be employer, explain your position convincingly, and seek two more months' time to join them. This is the safest exit route.
If your employement agreement says specifically about serving a 90 days notice period than you are bound by such agreement and you have to serve such notice period. But if your employer agrees to relieve you for the compensation in lieu of your notice period than he can do so as per his wish.
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Since, you have already serve 30 days , then you can pay the remaining months , and the said company cannot take any legal action against you , and also cannot force you to serve the notice period.
Dear Client,
I understand your situation, and it’s quite common for employees to face such dilemmas when transitioning between jobs. As per Indian employment law, the notice period is a significant part of the employment contract, and both parties are expected to honour it. The purpose of the notice period is to give the employer time to find a replacement and to ensure a smooth transition without disrupting the workflow.
If you’ve offered compensation in lieu of the notice period and your employer is not accepting it, they are within their rights to ask you to serve the full notice period as per the terms of your employment contract. However, if your new employer is willing to accept you with just a resignation acceptance, you may consider negotiating further with your current employer or seeking a mutual agreement.
Legally speaking, if you leave without serving the full notice period and without the consent of your current employer, they may take legal action against you for breach of contract. This could include withholding your final settlement, demanding payment for the remaining notice period, or even filing a lawsuit for damages if they can prove that your early departure caused significant harm to the company.
It’s important to review your employment contract and understand the specific terms regarding the notice period. If there’s a clause that allows for paying compensation in lieu of notice, you could potentially argue that you’ve fulfilled your contractual obligations by offering the compensation.
In any case, it’s advisable to handle the situation diplomatically to avoid any potential legal issues. You might want to have a candid conversation with your HR department or seek the assistance of a legal professional to explore your options and ensure that you’re making an informed decision.
Yes you can pay the notice in lieu amount and resign and join other company
Hello,
