Organisation not ready to relieve & settle in exchange of notice buyout
Rajeev Jha
(Querist) 05 October 2015
This query is : Resolved
Hello everyone,
I have been working as an Engineer-Sales in this organisation from last 5 years, starting as a GET and promoted last year as Senior Engineer. Few months back, a new manager joined as my reporting Boss with whom I had difficulties adjusting. So, Last month I resigned after getting a better opportunity somewhere else and asked my employer to relieve me from my duties in around 25 days. Though our Notice period is 3 months as i have come to know verbally from others. Till now they have a habit of creating problems from leaving employees and start witch-hunting against him But from last few months they have further extended it to not relieving them et all before completion of notice period.
In my case they didn't reply to my resignation mail till 15 days & rejected the same verbally to me many times & kept on persuading & threatening me indirectly to stay, to which i politely refused citing some false reason as if i would have told them i am leaving for some their organisation they would have called their & asked them not to hire me, they have done so in past with few others. After one reminder they replied to my resignation email that I will have to serve the notice period of 3 months as per policy even when i had already mentioned in my resignation mail that I will not be able to serve after 25 days of resigning.
I replied to their mail politely again that I have already stated them my inability of working after 25 days in resignation mail and requesting them to kindly let me buy out the remaining notice period as per HR Policy.
They didn't replied to mail but got more offended and my Immediate manager further aggravated his abusive behaviour with me. I waited till the 25th day and have stopped going to office after that citing my reason & again requested them on mail today to kindly relieve me & do the No Dues & final payment settlement to which they again replied in two liner that we will not be able to relieve you and you will have to serve full 3 months notice period.
This is just Insane that they have started witch-hunting against me and trying to get information about me through various sources that where am i going to join so that they can create objections there. Also my current Employer is a small vertical of a BIG Indian MNC Brand working in a Niche Industry segment and thus everyone knows each other here. They are infamous for doing this with employees. My joining date in this new organisation has become due now to which i have already extended once thinking that i will join after sometime and by that time I can negotiate with my organisation making them feel i am not going to any competitor and get the relieving but in vain. They are just not ready to relieve me and second joining date is about to come as well.
Pls help as i am in dilemma what to do. If I will not join my current office they may declare me absconding, already stopped my salary. And new organisation will not further extend as they had already stated that this is an urgent position.
Pls help me that what legal options I have to sort this in an amicable manner.
Regards,
Rajeev
P. Venu
(Expert) 07 October 2015
The only amicable option to serve the Notice period or buy out the same.
T. Kalaiselvan, Advocate
(Expert) 12 October 2015
Take the help of a local labor law practicing lawyer and issue a legal notice demanding the relief or proceed as per the counsel's advise.
K.S.Srinivas
(Expert) 12 October 2015
Consult a Lawyer with all the documents.
Anirudh
(Expert) 12 October 2015
It is for the organization to decide whether to accept amount in lieu of 3 months notice period, or to insist on service during the 3 months notice period. The Employee will not be able to dictate terms to the organization.
