Resigning from job by paying one month salary instead of one month notice

[Anonymous]

The initial appointment letter given to me stated that during the probationary period of one year, either party can terminate the employment by giving one month’s notice or one month’s salary in lieu of such notice, to the other party. I have completed 6 months and technically I am during probationary period. My query is if I want to immediately leave job by resignation, can I do so by paying one month salary to the company instead of giving one month notice? Is this option available to me as employee also?

[Dr. Ashok Dhamija]

If you have correctly reproduced the legal language used in your initial appointment letter, then it is quite clear that both the employer as well as the employee (since the words “either party” are used) have the option to terminate the employment by paying one month’s salary in lieu of giving one month’s notice. So, it should be possible for you, under the terms of your appointment, to pay one month’s salary instead of serving one month’s notice to the employer and resign from the job.

     

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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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