• Company asking to give 3 months notice for 2.5 months term

Hi sirs

I am currently working for a apparel export company as a Merchandise Manager. I have worked for 2.5 months and i have resigned now
My appointment letter says i have to give 3 months notice but the company can terminate with immediate effect. I am ready to give 1 month notice, but the company is asking for compensation for the notice period not served. Is the appointment letter valid in court of law where the company can terminate with immediate effect and i have to give 3 month notice
Asked 8 years ago in Labour

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4 Answers

That's something that was agreed in between you and the company. You were supposed to know this at the time of signing the agreement and it will be presumed at this stage that you were fine with it and that is why you signed it without any protest.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) terms of appointment letter are binding upon you

2) you have to give 3 months notice as per terms of your appointment letter

3) if you fail to serve 3 months you can pay the company for shortfall in notice period

4) appointment letter is valid

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Yes the agreement is valid since the conditions have been accepted by you. It operates as good law between you two.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The arbitral agreement or employment offer conditions is not valid and cannot be enforced legally.

Since this 2.5 months experience or service is not going to help you in any manner, you may just give one month notice and stay away from the employment, let them issue a legal notice for which you can issue a reply notice mentioning the lopsided employment offer condition and may even express that you are ready to face the same in the court of law challenging their unjustified condition for employment

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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