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How can i escape from serving notice period in private employment


30-May-2023 (In Labour & Service Law)
hi, I work in a US origin software firm , I joined the firm 2 years back as a fresher. Now I have been selected for my Masters at a reputed govt. college. Now, the firm has a policy of 3 months notice period before relieving, but I want an early release in order to join the college on time. So, my query is Can the firm stop me forcefully to complete 3 months or deny to give the relieving letter and experience certificate if I am unable to complete the notice period? Thanks and Regards.
Answers (2)

Answer #1
850 votes
Your contract with the company will reveal what the policy is regarding leaving. Usually there is a notice period and incase you cannot serve the notice period then you have to forgo your salary for the amount of notice period you are unable to serve. You should speak to your bosses and tell them the situation. Since in you case it is a question of joining an institute for further studies they should be accommodating.
Answer #2
546 votes
In case 3 months notice clause is a part of agreement of terms of employment with the employer, there is no escape to the notice except by mutual consent or by foregoing 3 months pay. You can fight for your experience certificate even if you leave without proper notice. To find if there is any other way out the agreement will have to be gone through.

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