Early relieving enforced by employer after resigning

This query is : Resolved 
 


Querist : Anonymous (Querist)
09 February 2020

An employee in an Technology Consulting firm submitted resignation The HR accepted the resignation and asked the employee to leave within 2 days There is a 90-day notice period as per the appointment letter and separation policy-and the employee was willing to serve the notice period, however the employer asked the employee to quit within 2 working days citing lack of work The employer is not paying any compensation to the employee either in lieu of the early relieving


Raj Kumar Makkad (Expert)
09 February 2020

Serve a legal notice through a lawyer and thereafter follow the guidelines of your lawyer.


Querist : Anonymous (Querist)
10 February 2020

Do I have to approach a lawyer only in the city where the employer organization is located or I can hire anywhere in India ?

Raj Kumar Makkad (Expert)
11 February 2020

You can hire any lawyer from any corner of India but money consideration should be taken care of by you while doing so.

Dr J C Vashista (Expert)
11 February 2020

It is advisable to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.

T. Kalaiselvan, Advocate (Expert)
21 February 2020

You have tendered the resignation, even though the employment conditions states that you may have to serve the full notice period, the employer can waive the notice period and relief you immediately also.
In that situation you may not be entitled to any pay or allowances for the period not worked.


Querist : Anonymous (Querist)
22 February 2020

Thanks sir - I do agree with most of what you wrote However please note the below words as these exactly appear on the employee's appointment letter: "At the time of voluntary separation from Company, you will be required to serve 90 days’ notice period" Does this mean the employer should consider early relieving only if the employee asks for it and not force it on the employee

Raj Kumar Makkad (Expert)
24 February 2020

It implies that employer can consider but ultimate prerogative of the employer.



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