Legal obligation in case less notice period is served
Hello,
I recently joined an IT company based in gurgaon 15 days back.I have a good offer and had resigned from current company.Since notice period is 3 months which is too long , i requested them to cut it down to 1 month as i have to join other organisation early, furthermore i dnt want any reliving letter from them as it is just 15 days of work for me.I jsut want to serve 1 month so that company can find someone , even as of now i am not doing any productive work just coming to office and sitting idley or reading few process docuemnts Company hasn't yet told me what they are upto but i would require your assitance in this regard.
1) Can i leave company after serving notice of 1 month ?
2)What all legal obligations i have to face ?
3) i am ready to pay whatever damges are as long as it is reasonable ( no training or relocation provided so will not be eligible to pay any sum .as per contract, ready to pay 3 months basic as damages to them as same was applicable to me )
As per terms of termination in appointment letter says " your employment shall terminate immediately upon company giving you 3 months notice termination for any reasons or company may in its sole discretion terminate your employment immediately by paying you basic monthly salary in lieu of giving you such notice.
you may terminate your employment by giving company three months prior notice after completion of any service continuity obligation as applicable.In case you resign or your employment is terminated within twelve months from date of employment , you agree to repay in full all recruitment , relocation and other expenses incurred including advances paid or reimbursed to you by company and you hereby authorize company to deduct without hold such repayment in full form any compensation or other amounts otherwise owed or payable to you
Asked 8 years ago in Labour
Thanks Kiran and Ajay for your guidance, in continuation to your answer.
Kiran for you
"thereafter you will be liable to pay compensation to the company,"
The compensation as you said in your answer "reasonable or not it has been agreed by you therefore you become liable. But if you take it to court that amount might be reduced looking into the facts of the case therein"
But in offer letter as there is no mention if i leave early what i have to do , i am fine to pay compensation but who will decide this.
if company is paying me 3 months base salary if they are terminating me doesn't same is applicable to me , also the course of conduct for me is to serve 3 month notice period and it is not mentioned explicitly if i have to serve 3 months notice and if not what i have to do, can you give some insight on this ?
termination conditions
"your employment shall terminate immediately upon company giving you 3 months notice termination for any reasons or company may in its sole discretion terminate your employment immediately by paying you basic monthly salary in lieu of giving you such notice.
you may terminate your employment by giving company three months prior notice after completion of any service continuity obligation as applicable.In case you resign or your employment is terminated within twelve months from date of employment , you agree to repay in full all recruitment , relocation and other expenses incurred including advances paid or reimbursed to you by company and you hereby authorize company to deduct without hold such repayment in full form any compensation or other amounts otherwise owed or payable to you"
Ajay for you
so what you explained is future things that will happen like
1) i have to serve 3 month notice, if not
2)if company agreed to accept 1 month notice then it fine , otherwise
3)i offer to pay the shortfall in notice period
4)if company don't agree to my offer then what next, what exactly is the extent of compensation.
As company is paying me 3 months base salary if they are terminating me doesn't same is applicable to me , also the course of conduct for me is to serve 3 month notice period and it is not mentioned explicitly if i have to serve 3 months notice and if not what i have to do, can you give some insight on this ?
Yes can recover recruitment charges from me, i am fine with that but waht about not serving full 3 months notice period.
termination conditions and contract
"your employment shall terminate immediately upon company giving you 3 months notice termination for any reasons or company may in its sole discretion terminate your employment immediately by paying you basic monthly salary in lieu of giving you such notice.
you may terminate your employment by giving company three months prior notice after completion of any service continuity obligation as applicable.In case you resign or your employment is terminated within twelve months from date of employment , you agree to repay in full all recruitment , relocation and other expenses incurred including advances paid or reimbursed to you by company and you hereby authorize company to deduct without hold such repayment in full form any compensation or other amounts otherwise owed or payable to you"
Asked 8 years ago