Legal Question in Employment Law in India

Dear sir,

My service agreement with my company states

" Servise may be terminated by giving 3 months notice by either party or Basic pay in lieu of such notice or in case of shorter notice, basic pay for the period falling short of such 3 months notice but subject always to the conditions of the agreement executed by you/your surity"

i worked with my company for 5 yeras 8 months. istead of 90 days, i requested my manager to accept my notice period of 50 days. My manager is saying 90 days notice is must. if I work for 90 days, i will loose an oppurtunity to study abroad.

Can I contest and give them a show cause as to why i cannot be relieved before the 3 month notice?


Asked on 4/17/15, 12:15 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.04.2015

Dear Sir / Madam,

Please don't get confused. Your service tenure with the Company implies the total period from the Date of Joining till the last working date in the Company. Notice Period implies the period you ought to be working with the Company on and from the date of your resignation.I am unable to comprehend in what way is the Notice Period linked with your opportunity to study abroad. Simply stated, if the Notice Period is 90 days and you wish to serve 50 days only, going by the terms and conditions of your Service Agreement, the Company has to recover and adjust 40 days (less accumulated leave to your credit i.e Casual Leave, Sick Leave, Privilege Leave as on the date of your resignation) basic pay from your full and final settlement dues. Amicably settle the matter with the Company instead of confronting, and move on.

Regards,

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Answered on 4/17/15, 6:20 pm


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