Resignation
Gurpinder
(Querist) 16 December 2010
This query is : Resolved
Hi All,
I am working with IT MNC in Bangalore for last 3.5 years as team lead. As per my appointment /offer letter I have notice period of 3 months or I can buyout the notice period as per company discretion.This year the policy has been changed as all employees has to serve notice period for 3 months and there can be no waiver.I had currently job offer from other company in kolkata,and the HR gave me time of 70 days to join the organization.
I spoke to my Manager/Senior manager and HR on same and told them to give me a waiver of 20 days in my notice period so that i can join on time. But all of them said that I have to serve 3 months and they cant do anything for waiver. Now can i go ahead and ask the management to release me with relieving letter as change in policy is unfair to me and to my future.
1.Can i make a legal case on the company as depriving me from an opportunity is risking my future and my family' future.
2.Change in policy is done as per Governing council concern ( CFO,CDO,HR Head,Business manager and HR).There was no involvement of employees hence how can a policy be formed and implemented
3.My family Responsibility (my wife and my Kid). Is a policy more important than human rights. In case of mine i see that this policy is curbing my rights to provide better life to my family.
4.In case of any eventualities can i make my company responsible.
Please HELP
s.subramanian
(Expert) 16 December 2010
you are bound by the terms of the contract of employment. You cannot claim any exception to it.
Gurpinder
(Querist) 16 December 2010
ok but what about the buyout option that was there in my appointment letter and i am not under any bond
PALNITKAR V.V.
(Expert) 16 December 2010
Assuming that buyout option is there, it is at the discretion of the company. So you cant force the company to use the discretion in your favour. You may quit the company and without waiting for waiver and pay the compensation in lieu of notice period.
Kirti Kar Tripathi
(Expert) 16 December 2010
since change in notice period is unilaterally, you are not bound to follow as you are not party to the said decision. the earlier conditions of the appointment is binding.
Gurpinder
(Querist) 16 December 2010
OK so will the company give me the relieving letter assuming if i am using buyout option as per old agreement. As the company is not bothered to understand my situation what can i do in order to get my relieving letter
Ajay Bansal
(Expert) 16 December 2010
THE CHANGE IN POLICY CAN BE OF PROSPECTIVE EFFECT AND NOT RETOSPECTIVE.THERE ARE LOTS OF RULINGS OF SUPREME COURT IN THIS ISSUE IN YOUR FAVOUR.
Gurpinder
(Querist) 16 December 2010
Also i want to cite that different employees have different notice period and its not standardized. I feel this as a unfair practice by HR as they do not have any answer to that. In case if i go legally against the company how much chances do i have as these is a situation about my life and my future.
Advocate. Arunagiri
(Expert) 16 December 2010
If there is any clause of 3 months notice period and waiver in your appointment order itself, they employer can not change it without your consent.
You have good case.
Gurpinder
(Querist) 17 December 2010
I spoke to HR today and they do not have any revised policy in writing however they just spoke about company discretion and if i don't serve 90 days i wont get my relieving letter.
Even if i take a legal course the company is not bothered.
How true is it that ?
Kirti Kar Tripathi
(Expert) 17 December 2010
You should make your officer in writing showing your intention for complying the condition of bond and thereafter go ahead. for recovery of amount under the contract, the employer has to file Civil Suit, which will involve huge court fee and time. I don't think any employer will go for. However, In case any Civil suit is filed. In your WS you may again offer the same and this letter will also help.
Advocate. Arunagiri
(Expert) 17 December 2010
You serve them the notice for resignation by RPAD. Let them give reply.
Gurpinder
(Querist) 17 December 2010
how can i join the new company without relieving letter, or is there any legal way to do so if my current employer do not produce relieving letter
Advocate. Arunagiri
(Expert) 17 December 2010
You produce the appointment terms, copy of the resignation letter and postal acknowledgment. Normally your future employer will accept this. Because you have followed legal and ethical way of getting relieved from a company.
Gurpinder
(Querist) 17 December 2010
what is the procedure
