I want some advice on the law on notice period and releiving letter.
This case is related to my friend who has resigned from his current organization and is now serving the notice period. The following clause was mentioned in the joining letter of this organization
Separation clause ::" After confirmation, your services may be terminated by either party by giving written notice of 30 days or gross salary in lieu of notice period on either side."
As per our interpretation, a person can leave without serving the full notice period if he gives the salary of the shortfall period to the organization.
However, the HR dept. is acting unreasonable and is saying that they can interpret the policy as per their wish.
Please let me know
(a) does the HR dept. legally do this?
(b) they have threatened not to give the relieving letter if he leaves before, Can HR do this legally?
30th March 2011 From India , Mumbai
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