Ramanath 06 August 2015

Regarding notice period service

Hello all,
I am explaning my problem here in detail.

I am working for US based company. And I have resigned from my position on 22nd July asking 12th of Aug as my relieving as I got better opportunity. My manager is not ready to relieve me on that day. And I got reply from HR on my resignation e-mail that, I have to serve complete 30 days and notice period duration will be decided by management.

In my offer letter or company handbook, nowhere it is mentioned that neither an employee has to serve mandatory 30 days nor notice period duration will be decided by management. Offer letter says employee has to give one month prior notice and if there is any shortfall in notice period, same will be recovered from the employee. My next offered company is ready to accept me without releiving/experience letter. I was ready to pay the remaing shortfall

So my question is:
1. If I join without releving letter, will it be a probelem for me in future?

2. Can my current company take any legal actions against me for not serving notice period completely?

3. I have company's laptop with me, how can I handover company's IT assets? If they not agree to releive me on the date which I want.

Just want to know, consequences which I may face in future.

Thanks a lot in advance to all for ur kind comments/ support
Ram

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1 Replies

Kumar Doab (FIN) 06 August 2015

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

Has this HR Manager been authorized to accept/decline notice/resignation by Board resolution………..and/or is he/she your appointing authority?

Has he/she replied to you by email?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

Have you downloaded the latest version of HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter from employee;s portal, showing the date and validity?

What was your monthly salary?

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?