I have requested a wavering notice period, but they are telling me that I should not be employed anywhere up to 90 days from my date of registration. Is there any possibility of checking my new employment if I join? Also, I want to know if there is any rule that if a company waives notice, we shouldn't work.
From India, Chennai
From India, Chennai
The employer appears to be too obstinate. Early release subject to preventing you from joining elsewhere for 90 days is of no use as the very purpose of seeking early relieving gets defeated by it. There is no rule laid down anywhere that an employee has to remain jobless for the period of notice waived off by the employer.
In case you are a member of EPF, there is every possibility that the present employer would come to know your future moves, otherwise there is very less chance.
From India, Mumbai
1534In case you are a member of EPF, there is every possibility that the present employer would come to know your future moves, otherwise there is very less chance.
From India, Mumbai
Hi,
In many employment contracts, there is a notice period that an employee must give before resigning. Employers may agree to waive this notice period, allowing you to leave the job sooner. However, it's essential to understand the terms and conditions associated with the waiver. If there is a stipulation that you should not be employed elsewhere for a certain period, it could be a non-compete clause.
Non-compete clauses vary by jurisdiction, and their enforceability can depend on factors such as geographical scope, duration, and the nature of the restrictions. Some organizations may have laws limiting the enforceability of non-compete clauses, while others may uphold them if they are deemed reasonable.
To get a clear understanding of your situation, you should consider taking the following steps:
Review Your Employment Contract: Examine your employment contract thoroughly to understand the terms of the notice period waiver and any associated restrictions.
Seek Legal Advice: Consult with an employment lawyer who can provide guidance based on the specific laws and regulations in your jurisdiction. They can help you understand your rights and obligations.
Negotiate with Your Employer: If you have concerns about the terms, consider discussing them with your employer. They may be willing to modify the agreement to better suit both parties.
Thanks,
From India, Bangalore
In many employment contracts, there is a notice period that an employee must give before resigning. Employers may agree to waive this notice period, allowing you to leave the job sooner. However, it's essential to understand the terms and conditions associated with the waiver. If there is a stipulation that you should not be employed elsewhere for a certain period, it could be a non-compete clause.
Non-compete clauses vary by jurisdiction, and their enforceability can depend on factors such as geographical scope, duration, and the nature of the restrictions. Some organizations may have laws limiting the enforceability of non-compete clauses, while others may uphold them if they are deemed reasonable.
To get a clear understanding of your situation, you should consider taking the following steps:
Review Your Employment Contract: Examine your employment contract thoroughly to understand the terms of the notice period waiver and any associated restrictions.
Seek Legal Advice: Consult with an employment lawyer who can provide guidance based on the specific laws and regulations in your jurisdiction. They can help you understand your rights and obligations.
Negotiate with Your Employer: If you have concerns about the terms, consider discussing them with your employer. They may be willing to modify the agreement to better suit both parties.
Thanks,
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
Notice period.jpg