Willing to serve 60 days notice period instead of 90 days and pay/buy for 30 days
Dear Lawyers,
I am currently serving notice period and the appointment letter states that as 90 days. I am willing to serve 66 days and want to pay/buy back for remaining days. The appointment letter states:
Notice Period:
a) Your services can be terminated by either party by giving to the other, a notice of 3 months in writing (hereinafter referred to as Notice Period) The company however, reserves the right to terminate your employment with immediate effect by giving you basic salary for 1 month in lieu of the notice period.
b) Your position with the company calls for mandatory compliance with the Notice Period, unless relaxed by the company in writing. Your termination of employment without compliance with the Notice Period shall be treated as a material breach of this contract and Company shall be entitled to insist on your mandatory performance of the notice period and/or claim damages equivalent to notice period (three or actual number of days served) months salary.
Probation Period: As per the organization policy, the probation period applicable to you shall be three (3) mo nths. Your confirmation as a permanent employee is subject to the terms and conditions of the HR [policy of the company, performance evaluation and approval from your manager. This confirmation will be communicated to you in writing.
I have been working with the company for past 4 months when I submitted my resignation. I have already informed company HR and other Senior management of leaving after 66 days of notice and also told my intention to pay/buyout my remaining notice period. They are not listening and forcing me to serve 90 days or face legal proceedings.
What legal implications it may bring if I just leave after 66 days, informing them that as discussed I am leaving today and willing to pay for remaining days if they are willing to issue the exit forms/exp cert to me.
Please help?
Asked 8 years ago in Labour