Company is not releving me as they have mention a 2 year of commitment in it
Sachin jadhav
(Querist) 02 November 2010
This query is : Resolved
. I had join the company in Jan-4th-2010. In my Offer letter they have mention for the commitment of 2 years.
as well As per the Company Requirement I have done some Certification during this Period. In which they had mention for 2 years of commitment and if I leave the company before a 1year company will recovered the amount at pro -rate basis.
I had put my resignation on 21st Oct-2010. till date they are not accepting my Resignation and given me the mention above reason for the same.
Even though I had stated that you will recover the Certification amount as pro-rate basis in settlement.
HR has stop my Salary from this month. but they are not reliving me.
AS mention in offer letter for commitment Can company not accept my resignation.
Can I leave the company after 30days notice period as company policy ?
Chanchal Nag Chowdhury
(Expert) 02 November 2010
In the given circumstances, U may leave the co. U will have to be prepared to pay compensation/face litigation.
Remember that service is a contractual affair & not a bonded labour.Therefore all the employer can do is to obtain compensation for breach of contract but cannot force anyone to work against his will.
Sachin jadhav
(Querist) 02 November 2010
Dear Chanchal,
Thanks For Clear my point.one another thing is that .in offer letter they havn't mention a Bond its only Commitment.
SO is there any Amount have I to pay to the Company ?
If they are not confirming my releaving Can I Leave the Company after 30 Days , once notice period is over ?
Can Company will take any kind of legal action on me ?
s.subramanian
(Expert) 02 November 2010
You can leave. If they take legal action you can defend it after all.
Sachin jadhav
(Querist) 02 November 2010
Thanks
If I leave the company with 30 days notice period after that If company refuge to provide me the Reveling/Experience letter ?
what Should I DO ?
pawan sharma
(Expert) 02 November 2010
it is deed to reliving the period of 30 days.
Kirti Kar Tripathi
(Expert) 02 November 2010
yes, you can leave but you will have to reday for payment of amount or notice pay as the case may be under the contracts Chanchal's opinion is very clear in this regard.
Raj Kumar Makkad
(Expert) 02 November 2010
Chanchal has clarified the procedure.
Akashdeep Sharma
(Expert) 02 November 2010
All the worthy experts have already clarified the matter, just adding to that.
First, you need to understand that you, through the resignation letter, you have already expressed your intentions to relinquish your employment and the question of not-relieving is immaterial. No employer can compel an employee to stay with that employment forever. This one being the contract for personal services can’t be enforced and the only remedy available is to claim for damage, if the employer is able to establish that it suffered loss for such default (a long drawn litigation that generally employers also avoid. Non issuance of serice certificate is a tol used by such employers.
You can write to . Many legislations required an employer to specfically issue
a service certificate to a left employee.
You can ask for specific acceptance/ non- acceptance and thereafter you can definitely leave after completing the notice period as required in terms of your appointment.
If there is any breach of bond or any written commitment, the employer need to first go to court.
Sachin jadhav
(Querist) 03 November 2010
I have last Que ?
The commitment which is written in offer letter is one kind of Bond ?
yogesh
(Expert) 03 November 2010
If the company has spend money on your certifications then it surely can recover from you. But the company has the right to retain you till suitable arrangement is made or your notice fall of shortage of prescribed period which ever is earlier
But why they are not paying the salary its is serious issue? Probably they are recovering dues???
Sachin jadhav
(Querist) 25 November 2010
Thanks for your kind support.
They have re leaved me.
