Hi Seniors
My Offer letter mentions the following clause.
You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof.
I have received an offer from a company which is willing to wait for 2 but not for 3 months. I have therefore requested my company to relieve me in 2 months. However, it seems the HR head has sent a memo to all managers to ensure that no employee is relieved without serving the complete notice period of 3 months (Ostensibly, this is to arrest attrition).
My question, is the company within its legal rights to enforce me to serve the complete notice period of 3 months, even though I am willing to serve 2 months and buy out the remaining 1 month.
Please note the memo mentioned above has not been communicated to the employees, but only to the managers. I have also tried to find this policy on the company's website and I cannot locate it.
Please also consider the HC ruling reported in DNA at the following link:
HC upholds buyout of notice period - dnaindia.com
Your views will be very much appreciated
From India, Pune
My Offer letter mentions the following clause.
You or the company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof.
I have received an offer from a company which is willing to wait for 2 but not for 3 months. I have therefore requested my company to relieve me in 2 months. However, it seems the HR head has sent a memo to all managers to ensure that no employee is relieved without serving the complete notice period of 3 months (Ostensibly, this is to arrest attrition).
My question, is the company within its legal rights to enforce me to serve the complete notice period of 3 months, even though I am willing to serve 2 months and buy out the remaining 1 month.
Please note the memo mentioned above has not been communicated to the employees, but only to the managers. I have also tried to find this policy on the company's website and I cannot locate it.
Please also consider the HC ruling reported in DNA at the following link:
HC upholds buyout of notice period - dnaindia.com
Your views will be very much appreciated
From India, Pune
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Notice Period Extension Letter Format.doc