Amit (Analyst) 16 January 2012

Want to know about the notice period

Hi All,

I want to know that, I want to leave my current organization and They have the notice period of 90 days and I am ready to serve the notice period of 45 days and for remaining 45 days I am ready to pay, however HR says that there is no policy of paying in behalf of notice period and you have to serve it otherwise you would not get smooth relieving and what if legal procedure to get my experience certificate and relieving certificate as I am ready to compensate behalf of my notice period. What legal action can be taken, please suggest as the new organization want the experience certificate and relieving certificate and they are not ready to offer me without the experience certificate and relieving certificate. Kindly advice

Regards,

Amit

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3 Replies

Sanjeev (Lawyer) 16 January 2012

The relieving would be provided by the rules of the company there is no law which governs it. The company can ask for serving 90 days as that would be mentioned in your appointment letter and while accepting the offer this clause was also implied to be accepted by you.

No action lies on the current company as regards to relieving letter as regards to experience that could be proved through your offer letter and the current payslips that would prove the duration of your employment.

Amit (Analyst) 16 January 2012

Thanks for the reply, however I have got a Job in new organization and they have provided me the 45 days time period and I am serving the 45 days notice and for the remaining time I am ready to pay however HR are not ready to buy out the notice period and as per law you cannot for any employee to do job forcefully and If I am compensating with the amount why they are not ready to provide my experience certificate

Amit (Analyst) 16 January 2012

and Also suggest if I initiate the lagal action against the company so would the case in favour of me or not as I can compensate to company and I am ready to pay anything in order to receive the experience letter.