amit goel (LE) 05 January 2011

Left company during notice period

Hello Friends,

I joined the forum today. I was searching web for my problem and I found this site. This is a great initiative and I thank the people who are supporting it.

I have facing an issue.

I resigned from my company on 15-Nov 2010. I wanted to get relieved by 15 Dec. But my company wanted me to stay for 3 months before relieving. I was willing to pay short fall in notice period but they did not agree.They wanted me to stay for 3 months.

On 28 Dec I informed them that I will be unable to come to office tomorrow onwards. I returned my laptop and I card. I requested them to give my relieving and full and Final. But they are not giving my relieving.

My appointment letter has following clauses regarding termination.

1. Any party can terminate the job by giving 3 months notice or equivalent salary in lieu of.

2. If employee is in middle of some assignment, company may ask teh employee to stay back till three months and even beyond.

3. Company reserves the right to pay or recover the notice period amount.

I need my relieving and Full and Final to find the new job. How can I get it?

Can they take any legal actions against me?

If I join another company now, Will I get into hassles of Dual Employment?

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6 Replies

Ahmed Daud Girach (Advocate) 05 January 2011

You have resigned from company on 15 thby giving letter or by email.Are you having acknowldgement?Assuming you are able to prove resignation was submitted on 15th then on 28th you have returned laptop I card till then any pending technical work was discussed?whether company has given you leter/email that you have not completed assignment you can not leave middle of assignment?If not then it is good defence.If you are able to prove that (1)you have resigned showing acknowledgement or email (2)you are ready to pay balance amount(3)you have no pending assignment then you need not worry.convince your present employer showing resignation tendered.If previous company gives notice then take your advocates advice to fight out on above ground.

1 Like

amit goel (LE) 06 January 2011

Thanks a lot Ahmed.

For (1) I have forwarded the mail which I sent to my Manager to my personnel email Id.

Also his reply that you need to serve 3 months ending 15 feb.

For (2) On my mail on 28 th dec I clearly mentioned this.

For(3)..Here I am at back foot. My manager cleverly wrote a mail to me where on 15 Dec he assigned me new work and wrote that you need to finish this before leaving. But I responded back saying this is all new work.

So I dont have a proof for (3).

What legal notice can they send and what can be implications and

Is there a way I can get my documents.

Somya Agarwal (asst manager) 06 January 2011

I don't think company might have given any acceptance on resignation letter.

amit goel (LE) 06 January 2011

No they have not given any acceptance.They only said, serve 3 months notice before you leave.

Somya Agarwal (asst manager) 06 January 2011

Same case of mine. I have tendered my resignation but none of the officer of company accepted this. Dear friend , I request you to suggest me what action should be taken on following situation:-

1. As per my appointment letter company is deducting 10% retention pay of my CTC for one year.

2. Even after completion of one year company has not refunded me retention amount which should be refunded after completion.

3. Can company extend retention amount deduction? I mean can company change original appointment letter with its own interest?

4.. After giving resignation company is asking to pay three month notice pay on CTC amount.

5..Can company ask Notice pay ? when company is deducting retention pay.

Can company do such harrassment activities?

Somya Agarwal (asst manager) 06 January 2011

Same case of mine. I have tendered my resignation but none of the officer of company accepted this. Dear friend , I request you to suggest me what action should be taken on following situation:-

1. As per my appointment letter company is deducting 10% retention pay of my CTC for one year.

2. Even after completion of one year company has not refunded me retention amount which should be refunded after completion.

3. Can company extend retention amount deduction? I mean can company change original appointment letter with its own interest?

4.. After giving resignation company is asking to pay three month notice pay on CTC amount.

5..Can company ask Notice pay ? when company is deducting retention pay.

Can company do such harrassment activities?

PLEASE HELP ME OUT.