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Discussion > Labour & Service Law > Employment > Relieving after resign before end of notice period   Unanswered Threads Post New Topic

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There are 8 Replies to this message


Gaurav Kumar


Asst. Manager
[ Scorecard : 32]
Posted On 24 November 2010 at 01:10 Report Abuse

Dear Experts,

 

I am working in a limited company for last 3 years. I have given resignation on 14th Sept 2010 and it was "recd. and signed dated 15th Sept 2010" by my reporting head. I have not mentioned any relieving date required by me, in my resignation letter. In my present company my notice period is of 3 months.  But i want my relieving earlier than 3 months.

After giving my resignation i send an e-mail to my present company asking for relieving  by 13th of Nov 2010 which is as follows: -

"
Subject: Relieving from Services on resignation w.e.f 13 Nov. 2010

Dear Sir,

In continuation of my resignation dated 14 Oct. 2010, i must be relieved on 13th Nov 2010 as i have to proceed on training in the new company with effect from 15th Nov 2010.
Please adjust my remaining notice period from my due leaves or/and full and final as per company norms.
If the office needs any formality to be completed by me, i may be informed.
 "

To the above e-mail they replied; which is as under: -

"
As per the terms of your employment with the Company, you are required to serve three months notice which period will expire on 11th January, 2011.  As such,  you will be relieved latest by 11th January, 2011.

Regards,
"


My agreement with the company reads as under: -
"
Notwithstanding anything to the contrary herein, either party may, during the tenure of your service terminate the same by giving to the other party not less than three months' previous notice of termination in writing.

Further, the Company shall, in addition, have the right to terminate your services at its sole discretion at any time without being required to state its reasons for doing so on payment to you of three months' salary in lieu of notice and proportionate commission when due and payable.
"

Now i am able to get extension from my new company where i have to join on and before 29th Nov. 2010.

I have clearly told my seniors about my joining date and its urgency. But they are saying that u have to serve 3 months notice period as we are not able to get a replacement for you. Further they are verbally saying that if you join new company we will terminate you officially, wont give you relieving letter & experience letter and will not give any pending dues etc.

My due leave in the company is 64 days.
Please guide if i can join new company within my 3 months notice period without any legal obligations.if i join new company before 3 months will my present company hold my dues, relieving certificate and experience certificates etc.

All my colleagues have been relieved within 1 month till date so there is no similar case like mine in this company.

Please help and advise


Thanks a lot

Gaurav



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Gaurav Kumar


Asst. Manager
[ Scorecard : 32]
Posted On 24 November 2010 at 01:11 Report Abuse

Please also advise if i can join new company what legal formality i need to do before joining new company?



Member (Account Deleted)


AVP
[ Scorecard : 73]
Posted On 24 November 2010 at 16:47 Report Abuse

Dear Gaurav,

Technically you can come out of the company by paying three months notice salary or by request. Now that you have already resigned, they cannot terminate your services. 

The Option of adjusting your leave is the companies discretion. It will be appropriate if you request the company to relieve you by adjusting the leave or by way of paying the notice period. 

Legal solutions are there but it will take a long time.

Above all there is contract in between you and your company for 3 months relieving period. So it has to honoured by way of compensating three months salary or by way of request.

 

Regards,

Vivek



Gaurav Kumar


Asst. Manager
[ Scorecard : 32]
Posted On 24 November 2010 at 17:17 Report Abuse

Dear Vivek Ji,

 

Thanks for the reply and guidance.

With reference to your reply; i have requested them again and again to adjust my due leaves against my remaining notice period. But they are not ready to listen.

I have to join my new company on 29 Nov. 2010. I was wondering if i can send them a letter that they should not pay me from 28th Nov. onwards as i wont be doing any work. (I work as a resident engineer at a location and we dont have office at my location). Please advise on the same and legal formalities required, to have a strong base in case of any problem at later stage.

(Please also note i have resigned on 14th Oct and not on 14th Sept which i have mentioned in first paragraph.)

 



suhas


HR Executive
[ Scorecard : 24]
Posted On 26 November 2010 at 17:23 Report Abuse

Pay the compay Three months Salary i.e(salary= Basic+ D.A.), by Demand Draft and get releived as per your employment contract.



Gaurav Kumar


Asst. Manager
[ Scorecard : 32]
Posted On 26 November 2010 at 23:45 Report Abuse

Dear Suhas,

 

Thanx for the reply.

They are not agreeing to adjustment and moreover company contract has no clause on earlier relieving.

 

Gaurav



Rajiv Sharma


MO
[ Scorecard : 28]
Posted On 15 August 2011 at 10:53 Report Abuse

Hi, I need help urgengly. Actualy I have resigned from my company (XYZ - Reputed MNC) coz I have got a Govt sector job. The notice period in my company is 3 month but the Govt Organisation is asking me to join in 1.5 months. Now , when I asked my present company to relieve me they are not agreeing to it,they are saying u need to serve for 3 months. I am in a deadlock situation.Can you pls help me.I want to join the Govt sector job .

and if i serve 3 months notice period i will loose the job.

Can I take legal action against them .Can I file a case in labour court.I am ready to pay the shortfall notice period.



Kumar Doab


FIN
[ Scorecard : 21124]
Posted On 15 August 2011 at 16:34 Report Abuse

You are expecting a dispute, therefore tread carefully and leave no chance of error at your end. Take the help of elders in the family, experienced and competent well wishers, lawyer/law firm and submit communications structured carefully to suit you, for your transactions with both the employers, and build record in your favor.If HR is not agreeing you can seek an appointment with your appointing authority,MD/CEO,HR Head,and request their good office to help you.

Some of the Govt. Organizations are rigid on getting relieving letter, and if you do not submit all the documents asked by them, they may ask you to give up the govt. job. Therefore it shall be in your interest to obtain list of documents to be submitted by you, and explain before hand which documents you can submit and which one you can not.

Take your next employer in confidence and explain the situation, in person and followed by a written request. You can mention that your present employer is not willing to relieve you and has stressed upon you that the relieving letter may be blocked if you do not comply with their order to complete the notice period i.e. up to dated.......

You can mention that you are contemplating to surrender notice pay for the shortfall in notice period, in your F&F, and request the next employer to absorb you on the strength of copy of your notice of resignation, resignation letter, and proof of dispatch e.g. receipt of redg. Post/ speed post.  You shall be able to submit F&F, service certificate, upon receipt from the past employer.

Take your manager in confidence, complete all tasks on hand and obtain email/letter etc from your reporting authority that you have completed all tasks, and nothing is pending to be done, by you. Submit all company property and obtain receipt and comment nothing is due towards you. Both of these may suffice as NDC/NOC. You should write to your employer that you are willing to cooperate to transfer the knowledge and you should be informed in next 3 days to whom you should do so. If your manager indicates you can train the designated employee and put it on the record that you have transferred the knowledge and also obtain an email/letter from the designated employee or your manager. You can inform the company say 7 or 15 days in advance by a letter addressed to your appointing authority, that your effective date of resignation shall be dated………..and company should make the arrangements for smooth exit and during this period you are willing to cooperate and you should be informed for any help expected from you, sufficiently in advance. Ask the company to supply you your acknowledgment of resignation, acceptance of resignation, F&F, settlement of a/c and proceeds, service certificate, form 16, PF accumulation reports, PF transfer/withdrawal reports, NOC/NDC, last salary slip etc….. Within dated……..(as suitable to you)

You can prepare your own a/c of payables by you to company and receivables by you from company (F&F according to you. Include amount equivalent to earned leave) and you can mention that the shortfall in notice period  equivalent to Rs……..may be deducted from your F&F, and ask the company to revert to you for any advice on this statement or any corrections to be done. If the company disagrees you can always submit notice pay by an a/c payee cheque/DD (keep a photocopy), along with covering letter under acknowledgment, by regd/speed post, followed by email.

Service certificate can not be blocked. Company may block reliving letter. If you feel that past employer, or HR, is stepping on your toes, and is rigid and adamant, and which may spoil your future prospects, you may visit o/o labor commissioner, and meet labor inspector also and lodge your grievance. Id deemed fit you can issue a legal notice from your lawyer. This should solve your matter.



Kasturi Narasa Raju


Consultant HR & Legal
[ Scorecard : 26]
Posted On 18 August 2011 at 22:39 Report Abuse

DEAR MR. GAURAV KUMAR,

IN THE CONTRACT WITH YOUR EMPLOYER ONE OF THE TERMS IS THAT THEY CAN TERMINATE YOU WITHOUT ASSIGNING ANY REASON BY SIMPLY PAYING THE SALARY FOR THE DUE NOTICE PERIOD.  ON THE SAME ANALOGY YOU CAN PAY FOR THE DUE NOTICE PERIOD AND ASK FOR  THE RELIEVNG LETTER. ANY CONTRACT CANNOT BE ONE SIDED. PRODUCE THE PROOF OF PAYMENT BY YOU FOR THE DUE NOTICE PERIOD AND THE TERMS OF CONTRACT TO YOUR NEW EMPLOYER  AND  REQUEST THEM TO TAKE YOU ON THERI ROLLS IF NECESSARY OFFERIONG AN INDEMNITY BOND IN CASE OF ANY LEGAL TROUBLE INVOLVING PAYMENT OF DUES, RETURN OF COMPANY PROPERTY, MATTERS INVOLVING PROPRIEATRY AMD INTELLECTUAL RIOGHTS IF ANY.   AS A MATTER OF FACT MANY PRIVATE EMPLOYERS REACT SIMILARLY WHEN AN ;EMPLOYEE RESIGNS DUE TO MANY REASONS WHICH ARE APPRECIABLE BUT ARE NEITHER LEGAL OR MORAL.  GOOD LUCK.

K N RAJU




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