Willing to serve short notice Willing to serve short notice

3 years ago

I have formally informed my employer that I would be able to serve a notice of 2 weeks compared to the 30 days stated in my offer letter by invoking the clause in my offer letter that reads "either side may terminate your services by giving 30 days notice in writing or payment if basic salary in lieu thereof. However, due to exigencies of business the company at its sole discretion may not agree to take the basic salary in lieu of notice and ask you to serve the entire or part of the notice period"
I am willing to pay for the unserved days and I also have 13 leaves as balance (which gets encashed as per policy)
I need your advice on how to approach this going forward as today is my second day of notice and I'm expected to join my new organization in two weeks. My HR and managers are not flexible.

Anik

Responded 3 years ago

View All Answers
A.Hi,
It is advised to you that If your HR and Managers are not flexible and your contract provides this facility, you can pay the amount and get the receipt that all your pending dues are now over from the older company .

In case the company files a suit for breach of contract, You can take the help of the lawyer in the court with the help of payment receipts.

If you like my answer, please give a good review.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
If your HR and Managers are not flexible, you can pay the amount and get the receipt that all your pending dues are now over from the older company if your contract provides this facility.
You can further take the help of the lawyer in the court in case you older company files a suit.

If you like my answer, please give a good review.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 3 years ago

A.Since your resignation terms are clearly specified and you have agreed to those you can only request to your current organization that release you from services after two weeks and waive the notice period for two weeks by deducting salary or towards your earned leaves because otherwise it will breach of contract on your part for which company can take legal action against you or otherwise you will have to request to the organization where you are expected to join to postpone your date of joining citing your reasons.

If you found this advice helpful then please provide review and give*****. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconListed company registered office in residential premises.
Dear Client, The use of a residential building for commercial purposes is not permissible under the law unless the class or character of the building is converted by the competent authority i.e, Munic...
question iconBoss told me to resign
Dear Client, An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
question iconCommercial flate
Dear Client, Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
question iconResignation wihout notice period
Dear Client, A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...
question iconService Overlap issue
Dear Client, There is no overarching law that prohibits a person from doing multiple jobs. It is not illegal however both companies should not have the clause “cannot take up work full time in some o...