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Forcing service of notice period
Question
My employment with a boutique consulting firm is in the form of a retainership. I have a job opportunity now with a different company as a full time employee. As per my retainership contract with the current firm, the notice period is 90 days, and there is no “payments in lieu of” clause alongside. I have served 60 days of my notice, and do not wish to serve any further, chiefly because of the nature of the work that is not adding to my career aspirations and also, to some extent of the toxic environment of my current employer. I had made the intentions clear in the resignation mail to the firm’s partner, however he has shown the retainership contract and maintained that a 90 day notice will have to be served, come what may. I feel like a bonded labourer. Is there any legal recourse here? My next company has expressed their desire to buy me out and I am also prepared to pay a months’s retainership fees to my current firm. Please help.
Answer ( 1 )
If there is a notice period to be served, then you will only have to negotiate the HR or the company head for wriggling out of the notice period else you may not be paid and no settlement may take place.
Your terms and conditions of the appointment letter are required to be seen for giving the best advice in the above mentioned situation.