Legal Question in Business Law in India

Hello Sir,

In my appointment letter, its been mentioned that serve notice period of 3 months in the event of no respect of this clause, a penalty of the remaining period needs to be paid.

Now I have resigned, given a notice period of a month and I am ready to pay for the remaining 2 months.

My employer states that he cannot accept it and he wants me to serve 2 months and pay for the remaining 1 month. Moreover they state that this clause is applicable only if its mutually agreed.

Can you advice me on this please?

Thanks


Asked on 7/14/15, 12:29 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.07.2015

Dear Sir / Madam,

Your employer's stance to reject your decision to serve one month's notice period and pay the remaining two month's salary (basic pay only) as contained in your resignation letter, is not legally tenable and is invalid. You should be paid your full and final settlement dues the employer at the end of the one month's notice period you serve, with the employer deducting the two month's basic pay from your full and final settlement dues, and paying and settling you the balance due to you.

Regards,

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Answered on 7/14/15, 2:17 am


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