Clarification regarding reduction of notice period in a private firm
13-Mar-2023 (In Labour & Service Law)
Hi, I just had a simple query regarding the notice period in any private firm. What happened is that before resigning I had a discussion with my manager (verbal discussion) regarding reduction of the notice period just by a few days. Say it was 90 days and I wanted to reduce by couple of weeks. Now the policy states that a manager can relieve someone at his discretion orcompany can come to a financial understanding wherein the employee pays a penalty equal to his gross salary for each day he is relieved early. Verbally it was agreed to be the former (managers discretion option). And no where was penalty mentioned. The penalty amount is usually when the new company agrees to notice period buyout. But here there was no new company. Just me leaving early. Anyway, so on the last day I get a message saying that I have to pay the full amount penalty for the no of days I am leaving early (as per gross salary). They are now not releasing my experience letter saying I have to pay. What can I do
1. If the contract provided for a 2 month notice period you were within your right to offer the buy out of the notice period.
2. Offer to buy the notice period is a compliance of the contract.
3. You should issue a lawyer's notice to the employer to issue the relieving letter and the experience letter, failing which you can sue the company to obtain both the documents on a court order.
2. Offer to buy the notice period is a compliance of the contract.
3. You should issue a lawyer's notice to the employer to issue the relieving letter and the experience letter, failing which you can sue the company to obtain both the documents on a court order.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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