Vineet
14 March 2009 at 15:39
Dear sirs,
My name is Vineet and I am employed with a leading telecom MNC. I am a rehire here and joined it 10 months back.
I had myself applied for this job, considering the nice time and learning opportunity I had in its previous centre, and based upon my earlier performance, was offered.
But here I found situation to be much different and work culture diminished.Long hours, Back pain and red eyes became a regular problem.
Now I have got a job with another good firm and they want me to join as soon as possible.
1) I have 45 days notice period here and it is mentioned that I can pay salary in lieu of that if I do not wish to serve full notice period.
2) I gave them a 15 day notice period and sent my resignation through e-mail. But now my manager did not respond to this e-mail.
3) HR Manager and my manager both asked me to serve the full notice period. When I talked about buyout, they said "such a option does not exist", while it does exist as per my appointment letter.
4) They proposed to change me to a new project which is "supposed" to have a more work-life balance based working condition. But as I know that this project will also be managed by my current manager, who is, the only one responsible for spoiling culture of this company, I do not want to consider that.
Now as I have made up my mind to change company, ready to buy out notice period, does this company:
1) has legal rights to retain my experience letter?
2) has rights to not do my Full and Final settlement?
3) What legal action can I take against this company in case they do not give me my relieving cum experience letter and my dues?
The reason for not releasing me is said to be that they can not find a replacement of me and they do not have a mitigation plan.
But as this company has been unethical to by all means in my stay here, I do not wish to forfeit this good offer. Can they force me to stay legally on basis of such statements?
Please provide me you exper help. I am in urgent need of this.
Regards,
Vineet.
Member (Account Deleted)
13 March 2009 at 14:02
dear sir, Its about a lady working in a higher secondary pvt. school for the last 14 year as senior teacher she gives tuition as well recently one of her student failed in computers and his parents started pestering her so she directed them to the computer teacher to see if he could help.Apparently that teacher increased the marks and passed him in the subject.Somehow school management came to know about it and called for a meeting and all however the management has come down heavily on her asking her to submit her resignation and she will be given 3 months salary as that computer teacher told management that aunt asked him
to change the marks which was not true.Now without any proper evidence only on the basis of hearsay management is trying to throw her out.in such circumstance what legal action she can take and what kind of compensation she is entitled to? please suggest appropriate legal remedy.appreciate your time and advice thank you.
SREEKUMAR
11 March 2009 at 22:34
Can a company/bank frame rules so that an officer can be instructed to report to another officer of same grade? for example Mr.A & B are managers of the same grade and B is senior to A by 2 months by considering the length of service completed. Can B be instructed to report A for all admn & other matters? Is there any remedy for Mr. B under labour law?
regds,
S.KUMAR.
SARAVANAN.R
11 March 2009 at 09:31
Sir,
What I meant was, if the management is not coming for conciliation, or if it is not inclined to solve the problem, just as it happened in Alleppey, can the Government interfere or take the measures that will benefit the society as a whole, in the form of selling the land or taking over the factory or selling the factory to a public sector undertaking or a private management.
SARAVANAN
Gurpreet
11 March 2009 at 01:24
Plz tel me that in Punjab who is holding the major administrative authority for all the major labour laws???
- Is that same for all the laws?
- Can a case for labour laws be filed in ordinary court?? or only labour court can handle such issues???
Gurpreet
11 March 2009 at 01:20
I need help from experts...
can u plz guide me that what are the various contributions required frm employer and employee as per ESI and Provident fund act???
And how can they avail the benefit in PF??
SARAVANAN.R
10 March 2009 at 19:26
Dear Sir,
Can I have our opinion of experts regarding salary ceiling of Rs 1600/- in I.D Act for workman. Please tell me whether the ceiling is lifted or it has been raised. In one of my queries related to workman under Payment of Wages Act, 1936, I got the answer that the the salary ceiling has been revised to Rs 6500/-.
Is there any meaning in continuing the ceiling of Rs 1600, as it appears outdated to me.
I invite the opinion of our esteemed members to this question.
Also my previous question regarding strikes and lock out in private enterprises have not been answered. Please advise.
saravanan
SARAVANAN.R
09 March 2009 at 17:55
Sir,
I read in one of the papers downloaded from the site, there is no salary ceiling on payment of wages act, 1936. Has the cieling of Rs 1600 per month lifted. please clarify
Saravanan
SARAVANAN.R
09 March 2009 at 17:41
Dear Sir,
I read in one of the papers downloaded from our website, that salary ceiling for provident fund contribution is 6500/- per month. Is it correct.
Then can you explain, if a person earns 10,000 or 15000 per month, contribution to provident Fund by employer will be limited to 12% of Rs 6500/- only?
Please clarify
Saravanan
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Legality of Employment clause
Dear sirs,
I am working as a software engineer in one of the MNC.
Following is the termination clause given in my appointment letter:
"Your employment with the company may be terminated by yourself or by the Company by giving in writing a minimum of forty five days notice or salary in lieu thereof. Notwithstanding, the above the company reserves the right to pay the equivalent of the prior notice period in lieu of notice and it is acknowledged and agreed in advance that this amount will be adequate compensation to you for the early termination of your employment. Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
Does this not violate equal justice paradigm?
An employer can terminate employment by giving salary but has RIGHT to accept/deny the same when an employee wants to leave early?
What should I do if I want to buy out my notice period and the employer refuses?
Regards,
Vineet