Legal Question in Employment Law in India

I'm working in a pvt. ltd. company. When I signed the appointment letter it was clearly mentioned "your services shall be terminated by either party giving 2 months notice or salary in lieu thereof". But later on within the confirmation letter they've changed this term as "As a confirmed employee you'll be required to pay 2 months notice or salary in lieu thereof in case you decide to leave our services subject to company's discretion".

According to HR I've to serve full 2 months notice period, there is no option to buy out in any case. Management will not consider the buy out option.

But the new organization I'm willing to join is ready for one months time (can be negotiated by a week but not more then that). I'm ready to serve the current organization as much I can (more than a month) and even ready to pay 2 months salary in lieu thereof but my current employer is not ready for that. Please suggest what I should do.


Asked on 1/07/16, 1:14 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.01.2016

Dear Sir / Madam,

HR is misleading you because the terms mentioned in your Appointment Letter and the Confirmation Letter permit you to buy out and pay off the notice period salary (basic pay only). If the new organization is in a hurry, simply ask them to reimburse you the notice period salary you paid to your existing Company.

Regards,

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Answered on 1/07/16, 7:00 pm


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