On June 6, my Ex-employer implemented the 3 months notice period unilaterally. With the Unilateral amendment they also added a clause to the employee policy.
i.e. Not with-standing the contrary company reserves the right not to accept the salary in lieu off and force the 90 day notice period if it is a business need.
My VP promised me an early relieving if i do a smooth transition.
I served 58 days out of 90 of which they blocked my salary. On 59th day my manager signed my No dues form stating –“Client related of boarding process is done.” Whereas my AVP refused to relieve me saying that i need to serve the full 90 days notice.
My original employment agreement has 30 days notice with salary in lieu off.
On day 60 i shifted to my new employer which has accepted me only with a resignation acceptance letter. My Ex-company threaten me of sending a termination if i didn’t report by 'day 65.'
Today is day 100 i have so far neither received a termination or relieving letter from the company.
MY QUESTION:
Can a company unilaterally modify an employee agreement in the name of employee policy?
Can a company force a 90 days notice without buy back?
Can i be terminated when my resignation is accepted i.e in this scenario?
What legal action can be taken against the company ?
ADDITIONAL INFORMATION
I had a 2 year bond with the company ( INR 2,00,000 ) which was graded (i.e. reduced with time ), i am ready to give the money. At the time of resignation i only had 4 month notice( INR 33,000) to be given to company.
Presently company holds my 70 days salary, PF of 1.75 years, Paid Leaves, which all amounts to over 1 lac.
