Pankaj kumar
30 November 2013 at 17:14
Hello Lawyers club experts,
I was working in a software company from 3 years with 100+ employee in Noida. The company is registered in Delhi.
I had given proper resignation through email to my reporting manager cc hr department without specifying my last date of working. They have accepted my resignation and had given the last working date which is 2 calendar months (as mentioned in appointment letter and is not buyable) from the resignation date. I requested my reporting manage to reduce my notice period to 45 days instead of 60 days through chat as well as verbally and was also ready to pay the balance notice period. But he was not ready to reduce my notice period. Then I mailed to HR, senior manager and even to CEO for discussing the same but no one helped me and not reduced the notice period. I also told them verbally that I have to join another company in 45 days and I can't decline this offer due to family liabilities.
After 45 days I stopped going to the company and joined the another one shooting a mail to hr and reporting manager of my previous company that I am quitting the job from today and will be unable to come to office. I also submitted the company's I card to HR Department.
After that I got a mail from HR from the previous company that they will treat me as absconding and will take appropriate action against me if I do not complete my remaining notice period.
I again replied the HR with my inability to complete the notice period and even told them that I am ready to support my team on phone as well going to office whenever required. Although I had no remaining work as such in my hand. I had also given KT to one of my colleague.
After that I have not got a single response from their side and even they are not picking the phone.
Now it is going to be more than one month still, I have not got my relieving letter as well as FnF settlement beside many attempts to contact HR.I also remind them the same through email.
The wordings of "SEPARATION" in my Appointment letter is as such.
"After confirmation, the employment with the company can be served by either party with a separation notice of minimum two calendar months. It will be management's prerogative to decide on the relieving date based on its business requirement, and decision of the management shall be final and binding on you. While on notice period, any leave availed shall not form part of the notice period served, accordingly the date of relieving shall be further extended by such number of days. Salary calculated on the balance number of days notice period shall become payable/recoverable. Any documents/materials belonging to the company must be returned to obtain final clearance."
Recently there were many employees that were released earlier then the notice period. Even One guy was also released before completing notice period who was working on the same project as I. But GOD knows what happened to me they do not released me early.
I have copies of all conversation on emails that were done during that time.
I request the lawyers club experts to kindly guide me in this regard.
Thanks in advance....
Vinay Pratap Singh
30 November 2013 at 16:54
I left my last mnc organization about 1 yr ago due to senior management's bad behavior related to biased performance evaluation, too much extra working hours, not following right leave policy towards me including my so many colleagues,I took stand and write a complain mail with resignation. I left organization just before completion of my 5 yrs of tenure, hence I lost my whole gratuity and bonus of that yr.
Now I keep on receiving mails from hr deptt for recovery of notice period, when its almost 1 yr passed and i moved on with another career in other city and forgot abt gratuity, however i withdraw all my PF.
What company can do maximum against me can they go legally, Or should I raised same issue and complain to each department as probably they are not aware about my reason of leaving the organization.
Ranjan
28 November 2013 at 16:30
Hello,
I had signed an agreement with my current employer on 18th Jan 2012.
The agreement stated that i will have to serve for a period of 2 years after probation (6months), which comes to 2.5 years of the agreement.
The bond amount is 2 lakhs which i need to pay to the company in case i leave the company before completing the bond period.
Kindly let me know what happens if i wish to leave the company 6 months before the bond period is over. Do i need to pay any amount ?
Also i need the relieving letter.
One more query is how important is the relieving letter to join the next company.
Awaiting your kind help.
Thanks,
Ranjan
DKTAZILANOM9909
28 November 2013 at 15:36
Dear Sir,
We are working in a PSU. Recently our
Management initiated a recruitment process
in different cadres. The salary grades in
the different cadres (where recruitment
would be) are different. But essential
qualification and year of experience
(though experience fields are different)
required to apply for different posts are
same i.e. with same qualification and same
year of experience recruitment are going
in different salary grade. Some of my
friends applied for the different posts in
different cadre and are selected in
different salary grades though their
qualification and year of experience are
same.
My question is whether our PSU Management
can recruit employees in different
salary grade with same qualification and
same year of experience? If yes/no then
what ground or logic?
regards,
Sandip
Radhikha
28 November 2013 at 10:00
]I worked in Sutherland global services I did not go to office due to some family problem starting from 19th Oct.I sent an e-mail to program HR stating all this, I informed that Im ready to pay one month of salary to compensate notice period but he replied me that they cannot give me any papers nothing can be done, one cannot simply pay money and get relieving letter , they wont even provide me any termination letter. Please help me with this,I need my relieving letter I told my TL and as well as HR saying that we moved out of city due to un-avoidable reason,so I will not be able to continue,the HR told me it is not possible to provide any reliving or termination letter, I went and spoke to recruitment HR she asked me to send an e-mail to settlement dept. I contact setlmnt dpt and there was a delay so I contacted via phone one of the lady who spoke to me asked me to pay 5599. I sent a DD through Registered post, then I came to know that I already received an e-mail letter from settlement dept that I will be getting a experience with the reason as termination. As it was considered as Job abandonment I will get proper relieving in the e-mail it will be mentioned as Termination. I need proper relievin letter pls suggest a solution
SRINIVASA RAO P
27 November 2013 at 22:43
Dear Lawyers Club,
I was working in one of the branches of a pvt. ltd. company as Asst. Accounts Officer till may 2013. This company is engaged in the field of Real Estate and is covered under A P SHOPS AND ESTABLISHMENTS ACT .
I got a better offer in another Pvt. Ltd. company and submitted my resignation letter in June 2013 with one day notice (since in the appointment order given to me it was mentioned as one day notice on either side) to the Personnel Department of Head Office at Hyderabad and waited for acceptance of the same by the company for one month.
Till date the company has not accepted my resignation letter but they have acknowledged having received my resignation letter.
During this one month I pursued my issue with Personnel Department at Head Office and I was told that my letter has been forwarded to General Manager (Accts) for his recommendations of accepting my resignation letter and the issue is pending with him .
In the mean time I joined the new company in July 2013 after informing the Branch authorities as well as the Head Office.
Further I sent another reminder to the Head Office to relieve me of my duties and responsibilities to ensure a smooth exit from the company.
Till date I have not received any communication from the Head Office about my resignation acceptance.
Now my question what is the remedy that is available to me under various labour laws as well as under A P Shops and Establishments Act.
Even I am entitled for Service Compensation and PF Benefits.
Kindly guide me in this regard.
Narayana
27 November 2013 at 15:58
I am a Central Gov. employee with more than 26 years experience. Can I give notice for Voluntary Retirement before 6 months of actual VR date ? (i.e. in March to retire in september). Whereas the min. period of notice was given as 3 months, Can an employee give -6- months notice in order to get prior approval & get the processing going on for pension, etc.. closure formalities ? What are the employer's options in such a case ?
God is there for good people
27 November 2013 at 14:58
Dear Expert forum,
My sincere apologies for deleting the post that I had posted due to some critical reasons that would have affected me at that point of time, had it been remained in the public domain. Now I feel free to post the query. Hope you oblige and take. Regret the inconvenience caused. Regards, The query for which I require your valuable guidance is as under.
--------------------------------------------
Dear Sir,
I got appointed as an employee in Staff function through proper interview and fair recruitment process in one of the premier Educational Institutes of India governed by the Ministry of HRD, Government of India in the month of May 2013.
The appointment was on contractual basis for a period of three years with a performance review at the end of the first year (consolidated pay of Rs. 75,000/- p.m. for the first year) after which I was to be absorbed in the Central Government PB 4 ( Rs.37400 - 67000 )plus Grade Pay of Rs. 10000 p.m. ,with a one month notice period on both sides for termination of employment. The appointing authority is the Director of this Institute.
As this was a new function introduced in this Institute, since the time I joined I had been regularly contacting my Director (appointing authority) to sensitize me about my job responsibilities for which he has been avoiding, saying that he is busy with other more important assignments and asked me to do whatever I feel good for the profile. Finally after a month and a half, after a lot of persuasion from my end he asked me to report to one of his confidantes holding the next position to him in this Institute as my Supervisor. I then was regularly following my Supervisor for clearly defining my job responsibilities but he too always avoided me saying that he has to speak to the Director and come back, which never happened. (as I assume he too was not clear on any job responsibilities directed for me from the Director’s end)
As per my intelligence, experience and wisdom I performed my duties and regularly kept appraised both my Supervisor and the Director, with the reports, inputs required and market feedback, for which there were no replies from their end. Still I was performing my duties with utmost sincerity, honesty and integrity.
Suddenly this week the Director (appointing authority) called me in the presence of my Supervisor and asked me to resign immediately saying that he will be waiving off the notice period of one month so that I can be relieved from the next day onwards.
Reason cited was that there has been no performance, however no issues on my integrity or honesty.
I would like to state here that, in these past six months, there have been no meetings to comment on any improvement in my performance, no memos issued to me about my performance, no memos on any kind of counseling or any show cause notices on that matter related to my performance.
On my refusal to resign immediately the Director (appointing authority) expressed that in that case he can issue a termination letter.
I also suggested the Director (appointing authority), of some other vacant positions in the system in which I can be a perfect fit suiting to my experience and qualifications, for which he refused my consideration.
Again on my refusal to resign without any valid reasons, the Director (appointing authority) expressed that he can create a lot of reasons to terminate me, and the consequences will be highly detrimental to my career.
At last on my request to grant me to serve the notice period of one month so that I can find a new job, the Director (appointing authority) agreed with a lot of reluctance.
So I was forced to resign being hardly for Six months in this Organization, and now I am serving the notice period, searching for a new job.
Is there any legal way to challenge the said issue….?
I am in a very high level of mental trauma as I have a family and kids to take care of, and at Senior levels getting new jobs are not that easy in the present economic scenario.
Kindly suggest.
Regards.
God is there for good people
27 November 2013 at 14:50
My sincere apologies for posting this query and deleting it for critical reasons that would have affected me at that point of time had it been in the public domain.
Now I feel free to have your valuable advise on the same. Regret inconvenience.
-----------------------------------------
Dear Sir,
I got appointed as an employee in Staff function through proper interview and fair recruitment process in one of the premier Educational Institutes of India governed by the Ministry of HRD, Government of India in the month of May 2013.
The appointment was on contractual basis for a period of three years with a performance review at the end of the first year (consolidated pay of Rs. 75,000/- p.m. for the first year) after which I was to be absorbed in the Central Government PB 4 ( Rs.37400 - 67000 )plus Grade Pay of Rs. 10000 p.m. ,with a one month notice period on both sides for termination of employment. The appointing authority is the Director of this Institute.
As this was a new function introduced in this Institute, since the time I joined I had been regularly contacting my Director (appointing authority) to sensitize me about my job responsibilities for which he has been avoiding, saying that he is busy with other more important assignments and asked me to do whatever I feel good for the profile. Finally after a month and a half, after a lot of persuasion from my end he asked me to report to one of his confidantes holding the next position to him in this Institute as my Supervisor. I then was regularly following my Supervisor for clearly defining my job responsibilities but he too always avoided me saying that he has to speak to the Director and come back, which never happened. (as I assume he too was not clear on any job responsibilities directed for me from the Director’s end)
As per my intelligence, experience and wisdom I performed my duties and regularly kept appraised both my Supervisor and the Director, with the reports, inputs required and market feedback, for which there were no replies from their end. Still I was performing my duties with utmost sincerity, honesty and integrity.
Suddenly this week the Director (appointing authority) called me in the presence of my Supervisor and asked me to resign immediately saying that he will be waiving off the notice period of one month so that I can be relieved from the next day onwards.
Reason cited was that there has been no performance, however no issues on my integrity or honesty.
I would like to state here that, in these past six months, there have been no meetings to comment on any improvement in my performance, no memos issued to me about my performance, no memos on any kind of counseling or any show cause notices on that matter related to my performance.
On my refusal to resign immediately the Director (appointing authority) expressed that in that case he can issue a termination letter.
I also suggested the Director (appointing authority), of some other vacant positions in the system in which I can be a perfect fit suiting to my experience and qualifications, for which he refused my consideration.
Again on my refusal to resign without any valid reasons, the Director (appointing authority) expressed that he can create a lot of reasons to terminate me, and the consequences will be highly detrimental to my career.
At last on my request to grant me to serve the notice period of one month so that I can find a new job, the Director (appointing authority) agreed with a lot of reluctance.
So I was forced to resign being hardly for Six months in this Organization, and now I am serving the notice period, searching for a new job.
Is there any legal way to challenge the said issue….?
I am in a very high level of mental trauma as I have a family and kids to take care of, and at Senior levels getting new jobs are not that easy in the present economic scenario.
Kindly suggest.
Regards.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Breach of service agreement
Hi,
I need to know the consequences of breaching the service agreement. I'm a fresher and I signed a bond with my company for 18 months and if I dont work for the stipulated time period I have to pay them 1 lakh rupees,now I have completed 3 months in the company but I want to quit this job. What if I leave this job now? will the company sue me in the future if I dont pay the said money??