Notice period

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Himanshu Khanduja (Querist)
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28 May 2015 Sir/ Madam, i am working in a MNC company from last three years, my appointment letter says for a confirmed employee "appointment is terminable by giving 90 days notice or wages in lieu of such notice provided always that should your service to be terminated for any misconduct entailing dismissal, you will not be entitled to any notice or payment in lieu of such notice".
My question is, can I give 30 days notice and 60 days wages against this contract in appointment letter?

Himanshu Khanduja

Himanshu Khanduja (Querist)
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28 May 2015 Sir/ Madam, i am working in a MNC company from last three years, my appointment letter says for a confirmed employee "appointment is terminable by giving 90 days notice or wages in lieu of such notice provided always that should your service to be terminated for any misconduct entailing dismissal, you will not be entitled to any notice or payment in lieu of such notice".
My question is can I give 30 days notice and 60 days wages against this contract in appointment letter?

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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04 August 2024 Based on the information provided from your appointment letter, here's a detailed explanation regarding your notice period and your options:

### Key Points from Your Appointment Letter:
1. **Notice Period for Termination**: The appointment letter states that a confirmed employee can terminate their employment by giving **90 days’ notice** or by providing **wages in lieu of such notice**.
2. **Misconduct Exception**: In cases of misconduct leading to dismissal, the employee is not entitled to any notice or payment in lieu of notice.

### Addressing Your Question:
You are considering giving a **30-day notice** and providing **60 days' wages** in lieu of the remaining notice period. Here's how to handle it:

1. **Contractual Terms**: Your appointment letter specifies that the notice period for termination is **90 days**. This means that to comply with your contract, you are required to give **90 days' notice** or provide **90 days' wages** if you do not serve the full notice period.

2. **Partial Notice**: Giving a 30-day notice and providing wages for the remaining 60 days would not align with the contractual requirement. According to the letter, you are obligated to give a full 90 days' notice or an equivalent amount of wages in lieu of the full notice period.

3. **Compliance with Terms**:
- **Full Notice**: If you want to comply strictly with the appointment letter, you should provide a 90-day notice or, if you choose to leave sooner, pay 90 days' wages.
- **Negotiation**: If circumstances make it difficult to serve the full 90 days, you might negotiate with your employer. Explain your situation and request a mutual agreement to shorten the notice period. Often, employers might be willing to accept a shorter notice period if you provide a reasonable explanation and if it is in their interest.

4. **Documentation**: If you agree with your employer to provide less notice or a different arrangement, ensure that this agreement is documented in writing to avoid any disputes later.

5. **Legal Considerations**: In some jurisdictions, employment contracts and notice periods are governed by local labor laws. If you’re unsure about the legal implications or your rights, consulting with an employment lawyer or legal advisor might be helpful.

### Summary:
- You should ideally provide **90 days' notice** or equivalent wages in lieu of the notice period as per your appointment letter.
- Providing a 30-day notice and paying for only 60 days is not in compliance with the contractual terms.
- Consider negotiating with your employer if you need to reduce the notice period. Ensure any agreement is documented.

In general, adhering to the contractual terms or reaching a clear agreement with your employer will help in avoiding potential issues.

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