Legal Question in Employment Law in India

am working in one of the software company in India. I have resigned from my duties on 12th Dec. There is 3 months notice period in my organization. But, I want to cut short this period to 2 months as my future organization wants me to join early. My current manager is refusing to shorten the notice period. The clause for notice period in offer letter is as follows-

Your employement with the Company may be terminated by either party by giving ninety(90) days written notice or three (3) months gross salary in liey thereof. The company reserves the right, at its sole discretion, to release you from services of the Company only after saisfactory handover of the responsibilities assigned to you(including any knowledge transfer).


Asked on 1/06/16, 9:28 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.01.2016

Dear Sir / Madam,

In industry and specially in the software industry,there is no dearth of professionals with requisite skill sets and knowledge needed for the job. In fact, the professionals know much more than what is needed on the job. The phrases "or three months gross salary in lieu thereof" and "Company reserves the 'sole' discretion to release you from service" are self contradictory. In your resignation letter, you ought to have mentioned your last working date, i.e. 11th February, 2016. If you have not done so, write an official mail to the HR copied to your current Manager that you will work till 11.02.2016 and request the Company to waive the balance notice period. If they disagree, simply ask them to deduct the remaining one month's notice period salary (basic pay only) and pay and settle your final dues.

Regards,

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Answered on 1/06/16, 5:49 pm


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