Expert: Roland Pinto - 8/9/2010

Question
Hi,
Below is the text from my company's policy on notice period.
"Notice Period
The notice period from both sides we company and employee - would be:
For Trainees: 15 days
For Probationers: 1 month
For confirmed employees: 3 months

The notice period for any of the above may be changed at the sole discretion of the management and should be fully served by the employee. Notice period does not include
any leave. In case the employee avails any leave in this period the notice period would be extended accordingly. Based on the conditions for being relieved (termination,
emergency,) the Company may finalize the last working day before the completion of notice period, purely as an exception. However, the handing over must be complete
before the last working day and final settlement is completed.

would like to know as per law is company has a right to force me to work for 3 months after my resignation. do we have any option to pay some amount against short notice period in the company.

request you help
Thanks!!!

Answer
Pankaj,

I wanted to first thank you for your question on allexperts.com. Unfortunately however, I am not able to assist you with your question. I am not at all versed in the labor laws of your country, India and would not know where to begin to offer any suggestions on where to locate this information.

If you are being forced to work past a reasonable period of time after you issue your resignation, then I would suggest contacting an attorney at law or a barrister that has competency in your country and regions labor laws.

I can tell you, in the United States, it is customary to submit a notice to your employer offering the employer enough time to locate a replacement resource and have you assist in the training. This is generally a two week or four week notice of intent to resign from position or self terminate employment.

I would be very interested in having you share what you find out on this so I can have an opportunity to learn more about your country's business laws.

Roland