Legal Question in Employment Law in India

relieving from the company

Hi,

I have been working in a software organisation for the past two years. My appointment letter says that either party need to give three months of notice for termination of employment. I have got an exciting offer with 100% hike from a new employer. I have put my resignation here in my current company. The appointment letter says three months notice or the amount ( 3 months basic pay) shall be enough for resigning. I have asked the company to relieve me from the services in a month and i will be paying the amount for the reamining two months. however since the company is executing a new project they want me to stay here in this company for two months so that the project execution will be smooth. but i cant stay here for more than a months since my new offer will stand void thereafter. If the company refuses to relieve me after a month what legal steps can i take to gfet my relievng letter from the company. Also i have completed my portion of work assigned to me well in advance and have also trained another candidate who can continue with the work with ease.kindly suggest me how to go about it in case the company refuses to relieve me. Thanks in advance. hope to get a positive reply

Thanks & Regards

Vivek Purushotham


Asked on 1/27/06, 5:21 am

2 Answers from Attorneys
Srinivas Kotni Corporate Lexport

Re: relieving from the company

Please provide the exact clause. Advise will depend upon the clause.

Any case based on what you state, if you pay the company salary in lieu of the two months that should be enough.

After completing one month after notice give a cheque for two months salary under a proper covering letter.

Hope this clarifies.

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Answered on 1/27/06, 5:34 am
KAVITA SARIN Lawyers' Inc. Advocates & Attorneys

Re: relieving from the company

Dear Vivek

The terms as you mentioned in your appointment letter is kind of the standard term used by a lot of employers. You are bound by the terms of the contract if they are reasonable. These are the negative covenants in any standard form of contract.

You are bound by the such term since this period is considered reasonable in the eyes of law. As far as your leaving after one month is concerned and paying compensation for the rest two months would merely depend upon you ability to negotiate with your employer. Make sure what ever is the final outcome of your negotiation, take a written settlement note so that you are indemnified from any future claim from your employer.

The exact course of action can only be suggested after vetting your appointment letter.

regards

Kavita Sarin Advocate

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Answered on 2/02/06, 1:58 am


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