Devendrakumar (abcd) 19 August 2010

Notice Period

Hello Sir/Madam,

I am in need of urgent help regarding Serving notice period in my current company.Recently I have got an offer from other company but my current company Project manager is not allowing me to relieve within 30 days(NOTICE PERIOD AS PER MY AGREEMENT=2 MONTHS).I asked HR but he is told he cannot relieve me unless my project manager accepts my resignation.

I wanted to know whether i can go legally against them?

Below is Agreement stated in my offer letter :

4. (a) Employment with the Company will stand terminated at the end of the financial year in which you attain the age of superannuation (60 years). Termination of employment may also be initiated earlier by either party by serving prior written notice on the other, as per the notice period stipulated in this offer. The Company is also entitled to either waive the notice period in part or in full at its sole discretion or require payment of equivalent base

salary in lieu of the unserved notice period. The Company further reserves the right to terminate with sooner effect by tendering equivalent base salary in lieu of the notice period

(b) In the event of termination of services by either party, the applicable notice period will be Two months.

(c) In the event of your serving on the company a notice of termination of employment by submitting a resignation letter, your release will be governed by the General Terms and Conditions of Employment in force at that point in time, subject to the satisfactory handing over of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties. The details of this Policy are available on our HR website.

PLS HELP.

Regards,

Devendrakumar

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4 Replies

Premalatha.S.Bhat (Legal Consultant) 20 August 2010

I opine going legally would be a bit premature and also time consuming which you may not afford at this juncture. Y not try to resolve with your manager and HR, even on the lines of payment of salary equivelent to the unserved notice period. Put this in writing and still if they don't agree, then you can think of legal action.

V. VASUDEVAN (LEGAL COUNSEL) 20 August 2010

There is no need for legal action. The terms are very clear and there is no requirement of acceptance. Your employment being a contract, submit your letter of resignation with notice period and for the deficit notice period calculate the notice period and your dues to be settled (other than PF which is to be settled by EPFC) set out these details in your letter. In case you need to pay monies please tender a cheque for the amount due. If the letter is not accepted in person, service this by registered/speed post with due acknowledgement. Once the letter is delivered you are deemed to be relived. However in case you have entrusted with some assets of the company and/any project responsibilities, ensure that these are duly handed over.

Dhiraj Sharma (Manager-Human Resources) 20 August 2010

Service agreement is governed by Indian Contract Act, 1872, hence legal remedy is available with Civil Court of competent jurisdiction. Filing petition, evidences, arguments, etc. will be a very lengthy process by the time two months will expire. Moreover, as per Para 4(b) of your service contract, either part shall have to put written notice before two months and hence the company has the every right to recover wages of unserved notice period as well as "Compensation Amount" for breach of contract in case you leave the company before the expiry of two months.

I being service law expert as well as HR professional do not suggest you to opt for legal remedy which will not be in your favour. Instead you should take up the matter with your current HR department or get extension of joining time from your prospective HR department.

One more thing which is much more important that litigating with your employer will not give good / desirable impression to the prospective employert (s).

Regards,

Dhiraj Sharma

Devendrakumar (abcd) 21 August 2010

Hello Premalatha madam , Vasudevan sir & Dhiraj sir,

I am really very comfortable after reading your valuable suggestions.I will try to go by convincing people rather legal.I am ready to pay my notice period but they are insisting on staying back for 2 months.

I think i have to beg them for relieving now.

Thank you again for your comments.

Regards,

Y.Devendrakumar