I am on H1B currently and signed an employment contract in India stating the below -
Employee may terminate this Agreement only upon a ninety (90) day written notice given to the Company. The ninety (90) day written termination notice may not be waived by the Company under any circumstances. If the Employee fails to provide the Company with the ninety (90) day written termination notice discussed above, the Employees may be subject to an early termination penalty equal to Employee’s ninety (90) day salary, as paid by the Company at the time of termination.
I resigned from my organization giving them more than 2 weeks of notice. My organization is asking to payback gross salary equivalent to the unserved notice period.
My question is -
1- Is it valid for employer in US to ask for a 3 month notice period as compared to the US standard practice of two weeks?
2- Their calculation of payback money is based on monthly gross salary which is not mentioned anywhere in the agreement. I suggested basic salary instead of gross salary to which they disagreed. What is the standard practice?
3- I was made to sign this employment agreement in India couple of days before my flight to USA. Is condition under which the agreement was signed also a factor?