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Ramesh (IT Software)     07 December 2013

Resignation notice period

Hi Sir,

I am working in private limited  company . where notice period is 1 month, i am not server 1 month notice .as i got better opportunity in another organization i will quit old job. now my old company  is not relieving me even if i am ready to move new company . if any possible to they will filing FIR to me

regards
Ramesh



Learning

 3 Replies

Kumar Doab (FIN)     07 December 2013

 You and redg. office of the company are in which state?

Is it a IT/ITeS/Software company?



>>If any one amongst Line Managers, HR, or Employer has stated even if verbally then you should not take it lightly.

 

 

 

It shall be appropriate to record (audio/visual), keep some witness, approach trade Union Leaders, IT employees unions, and inform elders in the family, competent and experienced well wishers, lawyer/law firm.

 

Resigning from employment is not a criminal offence and does not warrant any police complaint.

 

If notice period or notice pay in lieu of notice is applicable then employee can choose to tender notice pay in lieu of notice period and employer can adjust notice pay in FNF statement/settlement.

 

Still it not a hidden secret that companies resort to coercion, intimidation, pressure, threats...........................................and it in best interest of the employee to defend his interest and prepare in advance and build evidence.

 

Are you staying alone and away from hometown? Are you not member of any community, trade union etc?

 

If yes you are vulnerable to such practices and threats..................................................

Employee should always be member of employee’s communities, unions, trade unions, etc.............................and must become properly informed.

 

The notice period is part of service conditions and is stated in standing orders applicable to the company, appointment letter/contract of employment, service rules, Shops and Commercial Establishments applicable to the state.

 

Notice pay in lieu of notice period is also stated along with.

 

There are many similar threads which you may find relevant and useful e.g;

 

https://www.lawyersclubindia.com/forum/Company-s-notice-period-extension-93453.asp#.UqKdPtIW1MA

 

 

 

>> Employee should endeavor to give reasonable notice and avoid loss to the employer.

 

Employer should request employee to service for.......................days instead of issuing threats.

 

>> If employer is due to suffer losses and employee is unwilling to indemnify the employer then employer may emphasize to serve the notice period.

>> You should take nest employer in confidence and inform preferably in writing that as informed during interview notice period is .............month and current employer is unwilling to accept resignation without full notice period and may not issue

acceptance of resignation, relieving letter, FNF statement/settlement, last salary slip and future employer should e to absorb you on the strength of copy of resignation only.

 

>> If you are not able to handle the matter alone and on your own employee’s communities, unions, trade unions, elders in the family, competent and experienced well wishers, lawyer/law firm, O/o Labor Commissioner, Inspector under Shops and Commercial Establishments applicable to the state etc

 

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2013

they can not file any crimial case against you, they only claim one month salary in liue of notice only

Ramesh (IT Software)     08 December 2013

Sir,

 

   They will not claim my one month salary  . They need only one month notice period because i am the important person in current project . How can i relive without notice period . i don't need  reliving and  experience certificate from current company

 

Please Advice

 

Thanks,

Ramesh


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