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Discussion > Labour & Service Law > Employment > My company owner not agreeing to relieve me from my job   Unanswered Threads Post New Topic

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There are 35 Replies to this message


vishwas


engg
[ Scorecard : 50]
PRO CHAT CALL
Posted On 26 October 2011 at 14:23 Report Abuse

Dear Sir,

i have resigned my present job within 3months of joining. And I am ready to serve 3 months notice as per offer letter terms.
At the time of joining the owner orally asked me to make my mind to stay here for atleast two years. Now i got a better opportunity and resigned
my present job. Now my owner is denieing to relieve me after 3 months. Please can anyone suggest me how to get rid off this problem.



Member (Account Deleted)


corruptissima re publica plurimae leges
[ Scorecard : 426]
PRO CHAT CALL
Posted On 26 October 2011 at 15:12

Your employer has trangressed your Fundamental Rights as well Article 21 of the Constitution. HE CANNOT DENY YOU TO SEEK BETTER OPPORTUNITIES,provided you have not violated any terms of your employment.


vishwas


engg
[ Scorecard : 50]
PRO CHAT CALL
Posted On 26 October 2011 at 15:18

hi,
Thanks for the reply, at the time of joining the owner has asked me to make my mind to stay in his company for atleast 2years. I also agreed for that orally.
Now he is mentioning that repeatedly, will this oral stuff do stand?


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 32621]
PRO CHAT CALL
Posted On 26 October 2011 at 15:57

Oral stuff do not stand.  Just send resignation letter to your owner and joint the new co.,


Member (Account Deleted)


corruptissima re publica plurimae leges
[ Scorecard : 426]
PRO CHAT CALL
Posted On 26 October 2011 at 16:07

@Viswas: Oral stuff has no meaning as stated earlier by someone else.
 


ajay sethi


lawyer
[ Scorecard : 45186]
PRO CHAT CALL
Posted On 26 October 2011 at 17:21

do you have the appointment letter/ what are the contents?

if appointment letter mention you have to give 3 months notice and if you have done so you can leave the company . employer cannot force you to stay . have you executed any bond?


vishwas


engg
[ Scorecard : 50]
PRO CHAT CALL
Posted On 26 October 2011 at 17:36

i have the offer letter which mentions i will be on 6months probation from date of joining and notice period while leaving will be 3 months or 3months salary i should pay. no other bond.


Member (Account Deleted)


corruptissima re publica plurimae leges
[ Scorecard : 426]
PRO CHAT CALL
Posted On 26 October 2011 at 17:42

If the new appointement is so good, pay three months salary to the old company and join the new company.


shally karloopia


law student
[ Scorecard : 796]
PRO CHAT CALL
Posted On 26 October 2011 at 19:50

YA ALL MEMBERS ARE RIGHT. ORAL AGREEMENT/CONTRACT HAS NO MEANING UNTILL AND UNLESS PARTIES ARE INTENDED TO BIND THEMSELVES LEGALLY. 


Kumar Doab


FIN
[ Scorecard : 10135]
PRO CHAT CALL
Posted On 26 October 2011 at 21:28

3 months notice period during probation period is unreasonable. Offer letter is issued prior to joining/induction, which mentions brief of role, designation, remuneration and validity period of offer letter. After the candidate has accepted the offer in writing, appointment mentioning detailed terms and conditions of employment is issue. Have you not received any appointment letter? You can ask for and obtain employee rules; certified standing orders. Oral deliberations can not be enforced.

It is not clear you have submitted notice or immediate resignation. Submit the company property if any under proper acknowledgment.

However If you have already submitted resignation with immediate effect, you may ask the employer to deduct notice pay @ basic pay for 1 month from FNF and if any amount is payable at your end inform you along with FNF statement so that you can supply the a/c payee cheque for the same., and see what is the response of the employer in writing.

Don't forget to demand in writing under proper acknowledgment, settlement of your a/c and acknowledgment of company property with comments nothing is pending at your end, form 16, work experience/service certificate, relieving letter, PF accumulation report and withdrawal/transfer forms etc.

You have spent time with this employer. Separate with a pleasant note. Use your reasoning, negotiation, persuasion, persistence skills.




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