Legal Question in Employment Law in India

I am working for an MNC and have initiated my exit process on 1st February. on same date i got a Auto generated mail saying my notice period is 30 days and relieving date is on 2nd march.i came to know that my manager and HR approved it as i got Auto generated mail for the same on 2nd February. on 2nd February i got one more auto generated mail saying relieving date is on April 29th. my manager said i have to serve 90 days .

my offer letter has this clause

"You will be on probation for six months, which may be extended by the Company at its discretion. At the end of the Probation period, your services with the Company would be confirmed subject to your performance meeting the requisite standards. Until issued a Confirmation Letter you shall continue to be on probation. During the probation period, either party may terminate this contract by giving 90 days notice in writing in the manner referred to in clause 6 or payment of 90 days salary in lieu thereof. It is clarified that in addition to notice pay, if applicable, the Company also reserves the right to recover from you all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the Company up to Rs. 75,000. However the Company reserves the right not to accept payment in lieu of notice and at its sole discretion enforce the notice period."

my hike letter( which is shared on 4th February) has this clause

"Your next salary review will be due on 01-Oct-2016, and would be linked to your and the company's performance. Abreak up of your revised remuneration is enclosed. As per company's policy your notice period is changed to 90 days. All the other terms and conditions of your appointment remain the same".

today i mailed HR for confirmation and got reply saying it is 90 days as per the hike letter(which is shared with me only after i submitted my exit process) and he shared a Non Due Form

i could see on non due form it is mentioned

notice period applicable : 30 days

notice period served : 90 days

is there any way to get relieved on 2nd april ?

Thanks

Shuhaib


Asked on 2/10/16, 6:10 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

10.02.2016

Dear Shuhaib,

You should write a mail to your Reporting Manager copied to the HR that you are willing to serve an additional month extra over and above your one month's notice period as stated in your Offer Letter and request to be relieved on or prior to 02nd April, 2016 You should clearly state your disinterest in the hike letter issued by the Company to you post your resignation in your mail which remains invalid, null and void. You assure the Management that you will complete all your existing pending work within the stipulated two month notice period and that your last working date will remain 02nd April, 2016.

Regards,

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Answered on 2/10/16, 6:27 am


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