Notice period issue

Question

Hi,
I have joined IT organization four months ago in July.
I want to resign from the organisation at the earliest due to personal reasons but HR and manager is insisting to serve notice period of 3 months. I have offered for replacement as well as buy out of notice period.But thy are denying to accept it and harassing me mentally.
The terms of termination mentioned in my appointment letter are as follows:
1) During the period of training, LTI alone has the right to terminate the contract of employment by
giving one month’s notice to that effect in writing or basic salary in lieu thereof
2) After completion of the said training and confirmation thereof, LTI has the right to terminate the
contract of employment by giving three month’s notice to that effect in writing or basic salary in
lieu thereof.
3) The right to terminate the contract of employment can be exercised by you upon giving at least
three month’s notice to that effect in writing.

How can company have clause which are so exploitative? how can company terminate anyone by giving three months salary in advance but employee can’t do so? Is it not against the principles of natural justice?
Please guide what should I do… its getting difficult for me..
Company has also violated clause of probation period wherein in appointment letter there is clear mention of 1 yr of probation but company has confirmed me as permanent employee without any intimation..
Please guide.

Answer ( 1 )

  1. If the company is not allowing the option of buy out that is because they have spent on your training. You can resign and offer them to pay in lieu of the notice period. If they dont agree, a legal notice would have to be served and subsequently a case in the court will have to be filed.

    Though the terms are not fair however that objection should have been raised by you at the time of joining the organisation. If you havent, yet if the company is following unfair trade practice, the same can be challenged in the court of law as well.

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