Legal Question in Employment Law in India

I seek advice regarding resignation of my close friend. She has given resignation on 19thDecember 2012. As per the employment terms, on resignation or termination, there would be a notice period of 3 months or 3 months notice pay on either side.She has accordingly requested the management to relieve at one month notice (so as not to be unreasonable) following which she would be paying or the company can deduct the balance notice period amount. However, they now claim that the management will decide whether or not to relieve the employee before three months. The reason cited is that they donot have a replacement. Can she challenge this? Because if she could not join in next 10 days her offer will be cancelled in the new company


Asked on 1/14/13, 10:15 pm

2 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.01.2013

Dear Sir / Madam,

Yes ... the Company decision can be challenged.

The employer cannot make it binding / compulsory on the employee to serve the entire notice period. The employer not having a replacement is no ground / excuse to withhold an employee who has already tendered her resignation. Besides, serving a month's notice period in the organization is reasonable time to complete all unfinished work and handover charge to the superior / subordinate as directed by the Management. I advice your friend to handover the cheque for the balance two months salary pertaining to the balance notice period not served by her, if the Management is too pushy and close the matter. All the best.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/15/13, 4:02 am


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