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Indian Law/Resignation Policy


I work for capgemini-(French MNC). Notice period in our company is 3 months if i want can i buy out my notice period even if my manager is not ready to relieve me from my duties?
Also confirm if below statement is true & applicable in all states of India & MNCs.
An employer cannot compel an employee, who has resigned, to serve the entire notice period when he is willing to compensate the company, the Bombay high court has ruled.
Vivek Phadnis (name changed) and his colleague (name withheld) can finally bid adieu to their long-time employer Rashtriya Chemicals and Fertilisers (RCF) and proceed to their new jobs after buying out their notice period.

Thanks in advance

Contact of employment can be terminated by either party subject to the termination clause of the appointment-letter.
If the termination clause provides that the employment can be terminated either by serving the requisite notice period or pay in lieu thereof,you can terminate the contract by agreeing to pay in lieu of shorter notice.However,if there is no provision to compensate the employer in lieu of shorter notice,you cannot compel the employer to release you based on adjustment in your pay for shortfall in notice period.
Accordingly,you are advised to go through your terms of engagement and take appropriate action in consultation with a lawyer.
Further,I would advise you not to leave your present organisation without obtaining proper release order.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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