Company is not releaseing without serving notice period


I am working in IT MNC since 4.5 years. From last 3 Years there is not any change in my position/Band/Rating and salary also not changing my project to learn new tech. I am very tensed and became a patient of hypertension. The same I have reported to management multiple time on mail. Now I have resigned with 30 days notice period due to this tension and company is asking me serve 90 days notice as per policy and agreement in offer letter. I also have offered them to give basic salary in lieu thereof as per Offer letter. But They are denying due to business exigency. Please help me on this.

Answers (2)


164 votes

Sir I would advise you to serve the extra 60 days because that is a term and condition of a duly signed agreement. When you have already given 4.5 years to the company you could give them 60 days more. But take it in writing from them, duly signed by you as well (like an agreement) that they would release you on the completion of 90 days and conclude your full and final settlement on that day itself. Take it in writing. If they refuse then we will take further steps and enforce clause in the agreement where you should be allowed to exit after paying them 2 months salary.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

333 votes

Dear Concerned,

Normally, the employment in a private firm is governed by the employment contract, unless the contract is against the public policy. In your case, your first grievance that you have not been given promotion and salary hike and stagnancy in the profile, the same cannot be helped much since the promotion and positioning is a prerogative of the employer in the case of Private Employers. Yes, if the said Company has a Employee policy w.r.t. promotion, we can look into that to find an answer, if any. Second grievance of the notice period, it is advised that you duly submit your medical documents to the Employer under acknowledgement and then seek a waiver.

Popular Labour & Service Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
34 years Experience

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 Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles