Legal Question in Employment Law in India

I work in mumbai.Im have resigned from my company.i have a notice period of 1 month.i'm ready to pay my 1 month salary aganist my 1 month notice,but my comany is not relieving me and forcing me to serve my notice.they are not agreeing for my pay back.I'm not interested to work in the comapny any more.i have already served 10 days now and not able to work in the comapny any more.

please suggest if the company can force me even if im ready to pay back my notice.is it legal?


Asked on 2/18/13, 8:14 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.02.2013

Dear Sir / Madam,

(Chembur, Mumbai, Maharashtra)

Terms and conditions of employment are always "___ months notice or salary in lieu thereof." If these are the terms and conditions agreed upon, the Company cannot force you to serve the notice period.

It is perfectly valid for you to pay the Company a month's notice salary if you do not wish to serve the notice period and quit.

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 2/18/13, 8:19 am


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