Legal Question in Employment Law in India

27,03,2015

Dear Sir / Madam,

As per the prevailing guidelines and provisions of the Ministry of .Employment & Human Welfare in India pertaining to the contractual relationship between the "employer" and the :"employee", the employer is not legally entitled to compel the employee to forcefully serve the full notice period, especially in instances where the notice period duration exceeds the normal one month's notice period.

You are absolutely right in informing the Company that in keeping with the terms and conditions of your Appointment, you will serve one month's notice and pay off the remaining two months' notice period salary (Basic Pay only) to the Company. It remains neither the prerogative nor the privilege of the Management of the Company to decide whether or not they will relieve you prior to serving the full notice period. The decision vests with the employee.

In my opinion, the Management is simply citing a 'flimsy' invalid reason that they are unable to find your replacement, which is solely their problem, not yours. Before initiating show cause action, you may write a courteous mail to your Reporting Head copied to the HR and the CEO / Managing Director requesting the Company to waive off the extra two month's notice period salary payable by you to the Company, by giving the Management your written assurance that you will complete all pending work on project(s) and handed over responsibility to your Reporting Head or to the employee colleague to whom your Reporting Head and the HR direct you to hand over charge by the completion of one month's notice period.

Decide on further course of "non-aggressive" action thereafter.

Regards,