Legal Question in Employment Law in India

Notice Period

I head a ''Not for profit'' Charitable Trust in Ahmedabad. The appointment letter of the organisation very clearly states that the employee would be on probation for 6 months from the date of joining. During the probation period, the notice period for discontinuation of service for the employee is either 3 months' notice or in liue of notice, 3 months' pay. The organisation, during probation period can dismiss an employee on a day's notice. A copy of the appointment letter has been signed by an employee when she joined 5 months back and returned to the centre. Now, she wants to leave the organisation at a day's notice and refuses to either give notice or in liue of notice, the required monetary compensation. What is my legal position on this issue?


Asked on 5/01/02, 8:34 am

1 Answer from Attorneys
Umesh Bhagwat Bhagwat&Co.

Re: Notice Period

When the employee has agreed to give 3 months notice she has to refund the pay for the unexpired portion of her services.The proper remedy for you is to file a suit for recovery of two months salary if she refuses to either work for two more months or refund the salary for two months in lieu of notice.

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Answered on 5/01/02, 9:36 am


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