Rajiv Sharma (MO) 15 August 2011

Buying out notice period

Hi, I need help urgently. Actualy I have resigned from my company (Reputed MNC- IT) coz I have got a Govt sector job. The notice period in my company is 3 month but the Govt Organisation is asking me to join in 1.5 months. Now , when I asked my present company to relieve me they are not agreeing to it,they are saying u need to serve for 3 months. I am in a deadlock situation.Can you pls help me.I want to join the Govt sector job .
and if i serve 3 months notice period i will loose the job.
Can I take legal action against them .Can I file a case in labour court.I am ready to pay the shortfall notice period.

I ASKED MY MANAGER THAT I AM READY TO PAY THE SHORTFALL NOTICE PERIOD ,BUT HE SAIL HE WONT ALLOW ME TO BUY THE SHORT FALL PREIOD.

Is there any law in INDIA which can help me in getting the relieving letter .

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3 Replies

Kumar Doab (FIN) 15 August 2011

Kindly check your post dated 15^th Aug, 2011 posted by you under the thread:

Forum Home > Employment > Labour & Service Law > Relieving after resign before end of notice period

You may click at the link:

https://www.lawyersclubindia.com/forum/Re-Relieving-after-resign-before-end-of-notice-period-27534.asp

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Rajiv Sharma (MO) 16 August 2011

Sir,

I want to know , can I file a case against them in Labour Court if ultimately,they didnt give any solution and adamant not to give relieving letter.

Is there any law in INDIA , which stataes that

"if a person doesnt want to work in a particular company and if he wants to quit the job for his better future and ready to pay the shortfall amount to the company ,he can leave the cpmpany "

sir,i have resigned from the company and ready to serve for 1.5 months and ready to buy out the the rest of 3 months notice period,but they are not agreeing to it.

There is not much dependency of the project on me,instead of that they are not relieving me.It is not the first case of early relieving,they have already relieved people from their company before 3 months,depending upon their mood whom to relieve and whom not.

Please help me sir.I want to join the Govt job .

Kumar Doab (FIN) 16 August 2011

You can consult a competent service lawyer with all records and your lawyer shall help you to confirm you are a workman or not, and accordingly you can firm up your decision to approach o/o Labor comissioner.You can liberate yourself by tendering notice pay. Your maximum liability is notice pay for the shortfall in notice period.

Your acceptance of resignation is to be signed by the authorised official, as per standing orders of your company.Your immediate manager may not be the authority as per the standing orders of your company.

However you should be gentle, amiable in your approach and get the favorable records from company.

Be smart.