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Sanket Verma   05 October 2015

What are the legal implications if i don't work up to the ex

Hi,

I just got a new job in a company and subsequently I have resigned in my present company. My present company has a notice period of 2 months and no buyout option(available only when manager agrees to). Now, the new company wants me to join within 1 month after which the offer will be withdrawn, whereas my manager is not allowing me to go and is asking me to serve the full 2-months notice period. I told him that I am willing to serve 1 month of my notice period and during this time I will give all the knowledge transfer possible. I have tried explaining my situation to my manager several times but he simply doesn't agree and finally told me that he is not at all concerned about my career prospects.

Finally, the new company withdrew the offer and after this I don't want to work in my present company. I also told my manager that if he deliberately wants to stop me for 2 months then I will be least interested in giving any transitions or KT he wants me to give.

So, two questions here -

1. So, even if I stay and complete my full 2 months notice period but do not work up to the expectations of my manager then what are the possible legal implications that I might have to face now in terms of relieving letter or experience letter? Can he deny the relieving letter or experience letter in the absence of the required commitment even if I complete my 2 months notice period?

2. If I going to face the heat here, then what possible things can I do to improve the situation because I really don't want to work here now and even if I stay I am not at all interested in doing anything extra or showing commitment towards knowledge transfer or any transitions? Also, he is not agreeing for paying the money for the remaining notice period

Please note that I am still serving the notice period and it's already 20 days.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 October 2015

The employer cannot deny relieving letter but he may give adverse remarks in the experience letter which may put a dent in your career hence do not be enraged over such silly issues, complete the assignment peacefully so that you do not carry forward the issues for ever. 

Kumar Doab (FIN)     14 October 2015

Mr. Kalaiselvan is right.

Once you gave up the offer, you could and should have retained the rapport and remained amiable,gentle.

Now your manager is unwilling to pay salary for remaining notice period as well.

 

It is guessed that you are with some BPO/KPO/IT company that  are covered by Shops and Establishments Act of the state and you might be Easily covered by the definition of 'employee' as in 'West Bengal Shops and Establishments Act'.......................

 

Look into the clauses on Notice period/pay as in this Act. It should be max.30days, that too, as per length of service.

 

 

You may go thru  similar threads e.g;

 

https://www.lawyersclubindia.com/forum/Notice-buy-out-128280.asp#.Vh5QFW5-jMo

 


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