Legal Question in Employment Law in India
Dear Sir,
I want to leave my present company in short notice (a week) as against 1 month notice period as I m in probation period now (as per appointment letter, I have also option of paying 1 month basic salary if fail to serve the notice period of 1 month). Moreover, I don't need any relieving letter or related certificates to join my prospect employer as I haven't disclosed my current companies experience (4 months) since it's completely irrelevant to the profile i have been hired for in my prospect employer. My prospect employer won't give me more than a week to join for sure.Also, I am sure that my present employer won't let me go within that period quoting replacement as the main reason. Kindly suggest the next steps as I have only two days to decide on this.
Look forward to hearing from you.
Regards,
Rajesh
1 Answer from Attorneys
02.11.2014
Dear Rajesh,
Never presume what will happen. Tell our new employer that you are required to serve a month's notice in your present job. If they want you to join immediately, request them to pay you the notice period salary that you need to pay up to your present employer. Alternatively, you should work for 15 days and pay your present employer the notice period salary for the balance unserved notice period.
Regards,
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