Legal Question in Employment Law in India

I resigned from my company abruptly. On my last working day, I gave out my resignation to my manager and the director to the department via email but NOT in person. In my resignation, I mentioned that I will not be able to go through the notice period. Afterwards, I stopped going to work and there was no communication for the next 6 days. I sent an email on the 7th day asking for the status of my relieving and since then I have been getting nothing but BS. At this point they have even stopped responding back to me. One important section that I have mentioned below from my appointment letter.

�Your services can be terminated by the company by giving you two months� notice period in writing or salary equivalent to two months in lieu of notice period. Similarly , you may resign from the company by giving two months� notice in writing. However, the option to relieve you of your services before completion of two months� notice period shall rest with the company subject to adjustment of salary & allowance in lieu of the shortfall in the notice period�

Does this section imply that the company decides whether I can buy out the notice period or not because when I left the company , I left my one and a half months of salary behind with the intention of buying out the notice period. Now the company won�t even let me buy the notice period and my salary got blocked as well. Can they do that or are they just bulling me ? please advise.

Any help will be greatly appreciated. Thanks


Asked on 4/16/14, 11:31 pm

2 Answers from Attorneys

Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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Answered on 4/17/14, 12:04 am
Fca Prashant Chavan Expert Edge LLP

18.04.2014

Dear Sir / Madam,

Today is Good Friday ... two days to the Resurrection of Jesus Christ.

No, you have the option to buy out the notice period and settle the matter.

Regards,

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Answered on 4/17/14, 7:11 pm


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