Relieving after resign before end of notice period

Please also advise if i can join new company what legal formality i need to do before joining new company?

Dear Gaurav,

Technically you can come out of the company by paying three months notice salary or by request. Now that you have already resigned, they cannot terminate your services. 

The Option of adjusting your leave is the companies discretion. It will be appropriate if you request the company to relieve you by adjusting the leave or by way of paying the notice period. 

Legal solutions are there but it will take a long time.

Above all there is contract in between you and your company for 3 months relieving period. So it has to honoured by way of compensating three months salary or by way of request.

Regards,

Vivek

Dear Vivek Ji,

Thanks for the reply and guidance.

With reference to your reply; i have requested them again and again to adjust my due leaves against my remaining notice period. But they are not ready to listen.

I have to join my new company on 29 Nov. 2010. I was wondering if i can send them a letter that they should not pay me from 28th Nov. onwards as i wont be doing any work. (I work as a resident engineer at a location and we dont have office at my location). Please advise on the same and legal formalities required, to have a strong base in case of any problem at later stage.

(Please also note i have resigned on 14th Oct and not on 14th Sept which i have mentioned in first paragraph.)

Pay the compay Three months Salary i.e(salary= Basic+ D.A.), by Demand Draft and get releived as per your employment contract.

Dear Suhas,

Thanx for the reply.

They are not agreeing to adjustment and moreover company contract has no clause on earlier relieving.

Gaurav

Hi, I need help urgengly. Actualy I have resigned from my company (XYZ - Reputed MNC) 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.

You are expecting a dispute, therefore tread carefully and leave no chance of error at your end. Take the help of elders in the family, experienced and competent well wishers, lawyer/law firm and submit communications structured carefully to suit you, for your transactions with both the employers, and build record in your favor.If HR is not agreeing you can seek an appointment with your appointing authority,MD/CEO,HR Head,and request their good office to help you.

Some of the Govt. Organizations are rigid on getting relieving letter, and if you do not submit all the documents asked by them, they may ask you to give up the govt. job. Therefore it shall be in your interest to obtain list of documents to be submitted by you, and explain before hand which documents you can submit and which one you can not.

Take your next employer in confidence and explain the situation, in person and followed by a written request. You can mention that your present employer is not willing to relieve you and has stressed upon you that the relieving letter may be blocked if you do not comply with their order to complete the notice period i.e. up to dated.......

You can mention that you are contemplating to surrender notice pay for the shortfall in notice period, in your F&F, and request the next employer to absorb you on the strength of copy of your notice of resignation, resignation letter, and proof of dispatch e.g. receipt of redg. Post/ speed post.  You shall be able to submit F&F, service certificate, upon receipt from the past employer.

Take your manager in confidence, complete all tasks on hand and obtain email/letter etc from your reporting authority that you have completed all tasks, and nothing is pending to be done, by you. Submit all company property and obtain receipt and comment nothing is due towards you. Both of these may suffice as NDC/NOC. You should write to your employer that you are willing to cooperate to transfer the knowledge and you should be informed in next 3 days to whom you should do so. If your manager indicates you can train the designated employee and put it on the record that you have transferred the knowledge and also obtain an email/letter from the designated employee or your manager. You can inform the company say 7 or 15 days in advance by a letter addressed to your appointing authority, that your effective date of resignation shall be dated………..and company should make the arrangements for smooth exit and during this period you are willing to cooperate and you should be informed for any help expected from you, sufficiently in advance. Ask the company to supply you your acknowledgment of resignation, acceptance of resignation, F&F, settlement of a/c and proceeds, service certificate, form 16, PF accumulation reports, PF transfer/withdrawal reports, NOC/NDC, last salary slip etc….. Within dated……..(as suitable to you)

You can prepare your own a/c of payables by you to company and receivables by you from company (F&F according to you. Include amount equivalent to earned leave) and you can mention that the shortfall in notice period  equivalent to Rs……..may be deducted from your F&F, and ask the company to revert to you for any advice on this statement or any corrections to be done. If the company disagrees you can always submit notice pay by an a/c payee cheque/DD (keep a photocopy), along with covering letter under acknowledgment, by regd/speed post, followed by email.

Service certificate can not be blocked. Company may block reliving letter. If you feel that past employer, or HR, is stepping on your toes, and is rigid and adamant, and which may spoil your future prospects, you may visit o/o labor commissioner, and meet labor inspector also and lodge your grievance. Id deemed fit you can issue a legal notice from your lawyer. This should solve your matter.

DEAR MR. GAURAV KUMAR,

IN THE CONTRACT WITH YOUR EMPLOYER ONE OF THE TERMS IS THAT THEY CAN TERMINATE YOU WITHOUT ASSIGNING ANY REASON BY SIMPLY PAYING THE SALARY FOR THE DUE NOTICE PERIOD.  ON THE SAME ANALOGY YOU CAN PAY FOR THE DUE NOTICE PERIOD AND ASK FOR  THE RELIEVNG LETTER. ANY CONTRACT CANNOT BE ONE SIDED. PRODUCE THE PROOF OF PAYMENT BY YOU FOR THE DUE NOTICE PERIOD AND THE TERMS OF CONTRACT TO YOUR NEW EMPLOYER  AND  REQUEST THEM TO TAKE YOU ON THERI ROLLS IF NECESSARY OFFERIONG AN INDEMNITY BOND IN CASE OF ANY LEGAL TROUBLE INVOLVING PAYMENT OF DUES, RETURN OF COMPANY PROPERTY, MATTERS INVOLVING PROPRIEATRY AMD INTELLECTUAL RIOGHTS IF ANY.   AS A MATTER OF FACT MANY PRIVATE EMPLOYERS REACT SIMILARLY WHEN AN ;EMPLOYEE RESIGNS DUE TO MANY REASONS WHICH ARE APPRECIABLE BUT ARE NEITHER LEGAL OR MORAL.  GOOD LUCK.

K N RAJU