Legal Question in Workers Comp in India

I work for an MNC and according to my contract letter I have to either serve a notice period of 2 months or pay the basic salary for the notice period if I am unable to serve one. I have to leave the company and I cannot serve the notice period however I am ready to buy it back by paying the applicable amount of basic salary in lieu of the notice period. Now my supervisor is not allowing me to resign by stating that notice period will not be bought back in my case and I will have to serve a 60 day notice period. They are threatening me to terminate me in case I don't serve the notice period and are also saying that no relieving/experience letter will be given to me. Can I challange that in court?


Asked on 6/07/13, 10:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.06.2013

Dear Sir / Madam,

You are well within your right to pay the Company two month's notice period salary. The Company cannot go back on what has been agreed between both the parties in the appointment letter. You should first explain the situation to your new employer and if he does not need the service certificate, you need not waste your time and money in challenging that in Court.

Regards,

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Answered on 6/08/13, 5:22 am


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