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mathan (officer)     27 November 2014

Resignation from job & relieving order required

Dear Friends,

I am working in a quasi government company as on officer for the past 9 months.
After joining the organisation, my health had been drainaged due to hotel
food and stressed physically and mentally. In the mean time i am tried to find
new job in my native town to stay with my parents and take care of elderly parents.
As per god grace, i got it in my native town as officer in public sector
undertaking company.

Based on the above, i decided to resign my current job and eager to join the new
job. Through proper chanell i have forwarded my resignation letter citing the
above reason and request to relieve me immediately or at the end of Nov 2014
after accepting payment for unexpired notice period.

But the management does not accept my resignation and intimate to serve for two years
as we have mentioned in your offer letter. The quoted words are reproduced below for
your kind reference.

"you will be on probation for a period of one year from your date of joining duty and
the probation period may be extended, if considered necessary by this company.During
the period of probation, your services are liable to be terminated with three month's
notice or payment of corresponding salary in lieu thereof by either side. After
completion of probation your employment is terminable on three month's notice or payment of
corresponding salary in lieu thereof by either side. you have to provide undertaking
for rendering your services for a minimum period of two years"

And also i did not give any undertaking seperately.  But as per request of the company to accept

the duplicate copy, I just mentioning words like "Received with thanks" and sign.

In this regards, i would request to your good selves to clarify the following doubts
and provide your valuable suggestions:

1. The new company wants the Reliving order for accepting as canditate.
2. If i want  to quit, in what ground can i represent management once again for getting
reliving order
3. If keep on denying the management to relive me, what are the remidial measures
avaialble to get out of it.
4. Suppose, i just forward letter through regd. post stating to accept my resignation
 and quit, if their any possible to legal proceedings by the company. If so what are all
the grounds they may proceed? And if any, it will affect my career path?

Kindly clarify my doubts to take a right decision.

Regards,
Mathan
             



Learning

 2 Replies

FUTURE LAWYER (future lawyer)     29 November 2014

Please contact SV Law Chambers from Bangalore. They are all expertise advocates who deal with all labour related issues.

You can reach them svlawchambers@gmail.com

Kumar Doab (FIN)     30 November 2014

1. You have signed the offer by your free will, thus the employer can proceed to recover the liquidated damages stated in service agreement......claiming that no one can rescind the agreement. 

2. The liquidated damages are not neccessarily to be paid on demand and may have to be proved.

3. The employer may agree on pro rated  payment....... if compensation in lieu of non service of agreement is stated in agreement....however in such case you must extract a written committement that service certificate and relieving letter shal be provided on last day in office..

4. The service agreement is created in lieu of what extra ordinary favor by employer e.g. some training from certified instt......If No your lawyer may opine that the agreement is unconscienable....

5. Obtain a written comittement from next employer that you shall be absorbed on the strength of  salary slip of each month/last month,PF a/c slips,appointment letter,copy of resignation and releiving letter is not required......

 

If you are unable to handle on your own approach your Labor Law consultant/Service matter lawyer and discuss in person.................................

It shall be better if you discuss the matter before hand with your lawyer, employee's unions and proceed further under the expert guidance..


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