Payment in lieu of 3 months notice for resigning from company job

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Payment in lieu of 3 months notice for resigning from company job

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    • #2065
      Anonymous
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      I am working in a company for last 8 months but due to some personal problems I want to leave this company and want to join another company which is willing to pay me more and also which is more convenient job for me (very close to my home). However, the company is not accepting my resignation and is insisting on 3 months notice period and work during that period. I have offered to pay 3 months salary in lieu of notice, but they are not agreeing. What can I do? My personal problem is so acute that I cannot continue for 3 months more in this company.

    • #2144

      Your question is silent about the terms and conditions of the contract entered into by you with the company at the time of joining employment. Does it say three months’ notice before leaving the job? Does it give an option of 3 months’ salary payment in lieu of 3 months’ notice? Does it give such right to both parties or only to the employer?
      So, it mainly depends on the terms of your contract of employment.
      In any case, you may try to speak to the top management of your company. Sometimes, the middle level management may not like to take risk if there is no provision in the contract / rules. But, the top management may take a proper and holistic view of the issue, since what would the company get by keeping an unwilling employee for another 3 months and paying him salary also? Instead, it may be better to accept 3 months’ salary in lieu of such unwilling forced work for 3 months for which the company has to pay. So, if you meet the top management, perhaps you may get some solution to your problem, may be with some give and take.
           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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