Company forcing employee to serve full notice period
SLall
(Querist) 24 July 2014
This query is : Resolved
Sir/Mam,
Recently I came across an offer which required the candidate to join them within a duration of 30 days. As per the offer letter the notice period is 90 days in my present company.
I am ready to pay salary in lieu of notice period shortfall still my supervisor is not reliving and want me to serve full 90 days notice else he will issue an absconding against me. I have read several posts on this website pertaining to similar issue and the opinion that has been suggested by experts is that employees does not stand a good chance in this case.
My offer letter states that "After the expiry of your probation period, if you decide to leave our employment, for reasons other than retirement, you are required to give us three months notice in writing. If the company decides to terminate your employment, the company will also give you three months notice in writing. Also, it states that " The company reserves the right to make payment in lieu of notice in respect of Total Fixed Pay"
Also, after reading my company policies properly there is one clause of voluntary unemployment which says that if an employee chooses not to report to office continuously for seven days than company reserves the right to accept payment of the remaining days as a full and final settlement. So is this not contradicting their stand of issuing an absconding if I do not report to office after serving 30 days of notice.
My question is as follows:
1) In India, for a contract to remain valid (not null and void) it has to be enforceable from both sides. I mean it should be equal from both sides otherwise it becomes null and void. Hence, if a company is allowed to make payment in lieu of notice than is it not allowed at the end of employees. Can we not legally challenge a company?
2) I have written several letter to the management stating that as a good HR practice they allow me to buyback 2 months notice however, I have not received any revert from them.Is it possible that company even after full and final settlement is done (accepting money for days not served, or assets held by an individual) not issue a relieving letter?
3) If my new company is ready to take me on board without having acceptance on my resignation from my present company, do I really require relieving letter of this company. Documents to prove my association with this company for future include: offer letter, last three months salary slips, increment letter, resignation mails, handover mails. In future if I switch to some other company, do I require to submit previous to company's relieving letter or any document from above such as resignation mail + salary slips or increment letter can work out?
Kindly advise.
Thanks and regards,
Devajyoti Barman
(Expert) 24 July 2014
1. Yes, you can file civil suit to enforce the particular clause.
2. Yes but not likely.
3.Yes, those work out.
Why are you so pessimistic about future events. It is too early now to ponder over these issues.
SLall
(Querist) 24 July 2014
Thank you very much sir for your expert advise. I am being mentally harassed over this issue gr last 10-15 days. my manager has started treating me like slave. hence I am being very pessimistic. can you please suggest me any lawyer whom I can approach to issue a summon against the company or line manager if required.
Thanks again for you help.
kind regards,
ajay sethi
(Expert) 24 July 2014
it is in your own interest to arrive at an amicable settlement with the company . serve the 90 days notice period as provided in the contract .
litigation is long drawn process and you certainly wont get instant results
SLall
(Querist) 24 July 2014
Dear Mr ajay and rajendra,
I would not mind serving complete notice of three months if my future company would have agreed to it. my future company is fine taking me onboard without acceptance on resignation and which is the reason that I have to choose amongst either serving the notice or leaving the opportunity.
I have enquired from my company helpdsk regarding the entire process and I am told that I will definitely get a full and final settlement slip but experience letter depends on serving the notice period. I am unable to understand this contradict that why would any one agree to settle (make payment in case there are any dues) if he/she is not given any experience letter. I döñt wishfully intend to challenge company for my notice however would need to take legal course only when company is not willing to cooperate at all and trying all efforts to spoil my future.
kindly advise. Thank you very much in advance for your suggestions.
thanks and regards,
ajay sethi
(Expert) 24 July 2014
thanks for your appreciation
Devajyoti Barman
(Expert) 24 July 2014
If you inform the place of your work then suitable lawyer can be referred.
SLall
(Querist) 24 July 2014
Dear Mr Devajyoti,
thnak you very much for your reply. I will get on touch with you in a weeks time. I am waiting for the last final week for any revert from my line manager. will keep you posted. again many thanks for boosting my morale and confidence on this issue.
kind regards,
Raj Kumar Makkad
(Expert) 24 July 2014
I do agree with the wise advice of Barman.
Kumar Doab
(Expert) 05 August 2014
You are right that the T&C in contract of employment should be equitable.
The company can not accept notice of resignation before expiry of notice period hence offer of notice pay in lieu of notice period may not work.
You should affirm in each representation that no tasks are pending at your end and to whom you should handover the charge.
In case you are unable to resolve on your own approach your lawyer.
