How to get early release

Verbal Transactions are not on record. Record all calls/meetings/pressure/rudeness/insult/harassment etc (audio/visual) and keep witness(es)/evidence. Build irrefutable record.

Did you submit leave application and medical reports of your father in writing under proper acknowledgment?

Is it stated in appointment letter issued to you that notice pay in lieu of notice period can be tendered?

If employer initiates termination does it request the employee to accept notice pay in lieu of notice period?

Notice period and notice pay in lieu of notice period does not necessarily depend upon T&C inserted by employer in any private agreement drafted by employer and signed with employee.

·  You may go thru following thread and other threads mentioned in it.

·  ·         https://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.U_MTnsWSwb8

Before you do something on your own consult elders in the family and most importantly your Labor Consultant/Service lawyer.

Hi Thanks for you reply. I dont have any evidence against mental harassments. I have resigned from my current employer on 1st Aug and suddenly my father got cardiac attack on 8th Aug,So i requested them to release me early.I sent a mail to my Delivery manager.One more mail with medical report of my father to Manager and Hr,but i havnt receive any reply from them.They orally told me its business requirement and you need to serve the notice periods. As a evidence i have those two mail with me.They told me to withdraw resignation and take leave.But i have an offer from other employer and wish to join them.

In offer letter its mentioned as below,

"If you wish to terminate the employment by resignation then company as its sole discretion may decide to waive the required notice periods from you without any obligations to pay salary in lieu of full/remaining notice periods or permit you for payment of salary in lieu of full/remaining notice periods or permits you for payment of salary in lieu of full/balance notice periods or permits you for leave balance adjustment against notice periods and accordingly relieve you prior to the completion of stipulated notice periods of 90 days."

I have already spoke to my HR for buy out but they are not ready.

They mentioned it all the jurisdiction of court will Be Indore.

How can i leave this current organization and how can i get the experience,releiving lettter ,and PF amount from this company.

Do you have any idea about any lawyer in Pune ,who can help me in this context.

I am planning to write a mail again to my Senior Manager and Hr for Buyout.

Please suggest me what do i need to do to get released from this company.

Any suggestion must be appreciated.

Thanks in Advance

>>> Jurisdiction Of courts; can be either last location of employee, Redg. office location of company, jurisdictional courts as stated in appointment letter signed/accepted by employee....................

IN case of any dispute HC can set the jurisdiction.

>>> Notice period/pay: the 90 days notice period may really not be applicable to you. You may go thru the thread referred to you and other threads mentioned in it.

----Bombay Shops and Commercial Establishments Act: Sec: 66: Notice period if service period is >1Y= 30 days,

 if service period is <1Y but >3 months = 14 days, if service period is <3 months= NIL

Sec:38-B : Standing orders are applicable if establishment employs=>50 persons. If standing orders are not certified Model Standing Orders shall apply.

---Model Standing Orders: Sec13; Probation period is NIL in probation period and 1 month if service is confirmed.

---The company has inserted notice pay in lieu of notice period but subject to discretion.

Does the company submits an application to employee(s) seeking permission to tender notice pay in lieu of notice period if company has decided to terminate?

If NO discretion can easily be termed arbitrary.

You may mention in writing that NO tasks are pending at your end and to whom you should handover the charge under proper acknowledgment on the spot.

----Adjustment of leaves against Notice period/Leave encashment against notice period; The company has to encash leaves in FnF statement/settlement and may adjust notice pay and thus reduce FnF amounts and should supply it for verification and acceptance and must issue Form16 as per correct FnF statement.

---You can positively apply for leave and the company may extend the notice period by the number of leaves taken.

PF/Experience Certificate/Relieving letter:

PF: The funds are not in control of employer if it is managed by EPFO. You can submit PF forms nder proper acknowledgment by Redg. Post and ask for acknowledgment. Declintaure to attest PF forms is offence. Company has to submit to concerned PF office in 5 days and has to supply the acknowledgment issued by PF office (for employee) to employee. You may demand it by Redg. Post.

Experience certificate: Service Certificate has to be issued to all employees.

Model Standing Orders: sec16

Relieving letter: is issued post all settlements by employer. If nothing is due it has to be issued.

Your managers, HR personnel are not your employer and are just another employee like you. Notice and representations may be addressed to good offices of appointing authority, MD etc by Redg. post. Let your lawyer draft these. And build favorable written record.

>>> You may find many other threads relevant e.g;

https://www.lawyersclubindia.com/experts/Regarding-breech-of-bond-491511.asp#.U_iiXsWSwb_

https://www.lawyersclubindia.com/forum/Breaking-the-employment-bond-without-paying-money-107795.asp#.U_iiRsWSwb-

>>> If you wish access lawyers using LCI databank you can conduct search at;

https://www.lawyersclubindia.com/lawyers_search/#.U_ie8sWSwb8

Mr. Jagadish Paranjape, Darshana Sawant have been advising querist at LCI.

If you wish you can approach them.

Your near and dear ones ,employee’s unions, trade unions can also guide you to a lawyer.

You shall have to settle T&C with your lawyer on your own. 

agreed with Mr Kumar Doab