Can employer force me to serve full notice period
3 years ago
My employment offer states: "After completion of probationary period and confirmation of employment, if you voluntarily resign from the services of the Company, you will be
required to give sixty days’ advance written notice or ‘Basic Salary’ in lieu of the notice period subject to the Company’s discretion. In the event of you
having any incomplete work assignment, the Company will have the discretion to relieve you only at the end of the sixty days’ notice period. Similarly,
the Company may terminate your employment by giving you sixty days’ notice or ‘Basic Salary’ in lieu of notice period."
I received an offer from a different company and it is priority for me join them after 30 days. Can my current company force me to serve full notice period ? Can I buy out 30 days and serve only 30 days ? I am badly in need of advice.
Under law, it is mandatory to serve notice before resignation, unless your employer has waived this requirement. You can serve one month's notice, and then forfeit your salary for the other month in lieu of this notice. You will then be free to take up employment elsewhere.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
This will be determined by the terms of your employment contract. However, you may choose to forfeit one month's salary in lieu of that month's notice, and then accept the other job after serving notice for one month.
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However if the employer agrees to waiveoff the notice period then it is fine else you need to serve the notice period.
It is obvious that the new employer will formally check your profile with your previous employer then you should be careful
Less Full and final settlement
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