I am planning to leave the organization without serving the notice period. The clause in my notice period states that "The service is terminable by either party giving the other a 2 months notice or monthly gross salary thereof." Here it is not mentioned whether the employee should pay 2 months' salary or just the monthly gross salary (1 month). What are my options? Please help me with it.
From India, Guntur
Acknowledge(0)
Amend(0)
From India, Guntur
Acknowledge(0)Amend(0)
You have already mentioned the separation clause in the appointment letter, which is reproduced below:
"The service is terminable by either party giving the other a 2 months notice or monthly gross salary thereof."
This means that either the employer or the employee can terminate the employment contract by giving a 2-month notice period or the gross salary in lieu of notice. Thus, it is crystal clear that if you want to resign from the services and quit employment without complying with the notice period clause, then you have to necessarily deposit your 2 months' gross salary to the company.
Hope this clarifies the matter.
From India, Aizawl
Acknowledge(0)Amend(0)
651"The service is terminable by either party giving the other a 2 months notice or monthly gross salary thereof."
This means that either the employer or the employee can terminate the employment contract by giving a 2-month notice period or the gross salary in lieu of notice. Thus, it is crystal clear that if you want to resign from the services and quit employment without complying with the notice period clause, then you have to necessarily deposit your 2 months' gross salary to the company.
Hope this clarifies the matter.
From India, Aizawl
Acknowledge(0)Amend(0)
Dear Friend,
Our learned friend Mr. Nair gave you the right answer. Still, I would like to ask you, what is the meaning of this clause "The service is terminable by either party giving the other a 2 months' notice or monthly gross salary thereof."? It is stated that either party gives notice of 2 months or 2 months' monthly gross. Do you mean to say there is no mention of 2 months' monthly gross? If yes, then your interpretation would be wrong. By putting the word "thereof," your company or the person who drafted the appointment letter has covered the issue beyond doubt very well.
From India, Mumbai
Acknowledge(0)Amend(0)
Our learned friend Mr. Nair gave you the right answer. Still, I would like to ask you, what is the meaning of this clause "The service is terminable by either party giving the other a 2 months' notice or monthly gross salary thereof."? It is stated that either party gives notice of 2 months or 2 months' monthly gross. Do you mean to say there is no mention of 2 months' monthly gross? If yes, then your interpretation would be wrong. By putting the word "thereof," your company or the person who drafted the appointment letter has covered the issue beyond doubt very well.
From India, Mumbai
Acknowledge(0)Amend(0)
Thanks, Mr. Nair and Mr. Akhil for your insights. However, my employer is denying even the buyout. Does it fall within the legal purview to retain the employee against his own will, having not mentioned it explicitly in the offer letter?
From India, Guntur
Acknowledge(0)Amend(0)
From India, Guntur
Acknowledge(0)Amend(0)
Dear Syed,
I completely agree with the replies of Mr. Nair and Mr. Akhil. The clause mentioned clearly states that you need to pay 2 months' gross salary if you are not serving the notice period.
Please note: Finalizing your Last Working Date (LWD) is in the hands of your manager or management based on your dependency in the team/project. I would suggest having a fruitful discussion with your manager and letting him/her know the genuine reason for requesting early release. Never get into legal troubles!
One tip: Always end your employment on a positive note, regardless of the reason!
Regards,
Piyush
From India, Pune
Acknowledge(0)Amend(0)
I completely agree with the replies of Mr. Nair and Mr. Akhil. The clause mentioned clearly states that you need to pay 2 months' gross salary if you are not serving the notice period.
Please note: Finalizing your Last Working Date (LWD) is in the hands of your manager or management based on your dependency in the team/project. I would suggest having a fruitful discussion with your manager and letting him/her know the genuine reason for requesting early release. Never get into legal troubles!
One tip: Always end your employment on a positive note, regardless of the reason!
Regards,
Piyush
From India, Pune
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Notice period.jpg
Termination from Employment.pdf