Legal Question in Employment Law in India

Your employment may be terminated by either you, or by XXX. To so terminate, either party shall be required to give the other, sixty (60) calendar days written notice in advance of termination, or pay to the other the Monthly or prorated Payments in lieu of such notice period, though upon a termination of employment by you, you accept that XXX at its discretion, can require you to continue in service during the period of notice and need not necessarily accept Monthly Payments in lieu of notice from you. It is clarified that upon a termination of employment by you, and you are not required by XXX to continue in service, XXX is not obliged to make any Monthly Payments to you in lieu. THIS IS THE CLAUSE IN MY EMPLOYMENT I AM WILLING TO PAY 2 MONTHS SALARY YET THE COMPANY IS FORCING ME TO SERVE NOTICE PERIOD IS THERE ANYTHING I CAN DO


Asked on 10/23/16, 9:09 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.10.2016

Dear Sir / Madam,

Terms and conditions in an Employment Agreement should be fair to both the parties. If the employer can pay you two months salary in lieu of notice period, you too remain entitled to pay the employer two months notice period salary. Unless there is work assignment pending to be completed by you, the employer cannot force you to compulsorily serve the notice period, You should complete all pending assignments and quit the organisation.

Regards,

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Answered on 10/23/16, 9:16 pm


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