Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Employer not giving relieving letter and not clearing dues

Querist : Anonymous (Querist) 02 June 2010 This query is : Resolved 
Dear Sir/Ma'am,

I'm currently working for an organization for past 6 years, my original employment letter has a clause which says " on confirmation as a regular employee you will be required to give 3 months notice period or salary thereof in case you decide to leave our service subject to the company's discretion; in the event of you having an incomplete assignments, the company will have the discretion to relieve you only at the end of the 3 months notice period. similarly, the company can terminate your services by giving you a 3 month notice or salary thereof".

I need the relieving from my current organization due to some personal reaons, and would not be able to serve a notice period of 3 months, i'm ready to pay the salary for 2-3 months if required and max can stay for 1 month, please suggest me the best way out to get a reliveing from my employer with all dues clear and relieving letter.

Regards
Rohit
Aniruddha.P.Pawse (Expert) 02 June 2010
you should contact a local labour lawyer and seek his advice
Raj Kumar Makkad (Expert) 02 June 2010
It shall be better if you personally talk to the officers of your company and purchase the notice period of 2 months and making notice of one month. As the term includes the discretion of the employer so negotiation is better rather going on legal remedies.
B K Raghavendra Rao (Expert) 03 June 2010
Personal negotiations with management would be better than litigating the matter. The management can find loop holes in your service and fix you for non-completion of your assignment.
Querist : Anonymous (Querist) 03 June 2010
Thanks for all the replies...
I have tried convincing my manager, HR, but everyone is rigid on the policy, and are not willing to release me before 3 months.
In this circumstances what is the best solution i have?

I wanted to know if this is right in terms of labour laws in India as indirectly they are forcing me to work, which i guess is not right.

I'm ready to pay the compensation for not able to serve the notice period due to personal reasons.

let me know if i have any alternative to the situation?

Please advise

Regards
Rohit


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