job change notice period dispute
Querist :
Anonymous
(Querist) 13 January 2011
This query is : Resolved
dear sir/madam,
After completing 5 years of tenure, I have resigned from XYZ company in first week of Jan, serving a notice of one month notice period. As per HR policy, an employee has to serve 3 months notice period or has to pay gross of the no. of days short to 3 months notice period. I am ready to pay this amout equating to shortage of notice period. Company has forcefully marked my last working day considering 3 months notice period. My seniors, even through they are willing, but are helpless to change my last date of working.
My new employer is ready to accept my joining without a relieving letter. I am also prepared mentally to go ahead with this.
Although, I would like to know repurcussions, if any, on employee in such case.
1. I am ready to pay the shortage of notice period.
2. Company may mark me as "absconding".
Please guide.
Kirti Kar Tripathi
(Expert) 13 January 2011
Though it case of breach of contract of service, your previous employer can not force you to continue employment can sue for damage and compensation. Since the notice period is of 3 MOTHS and you have given short notice and offered payment of short notice in lieu of remaining period, you have complied the condition of your contract of service. However, it depends , how you made your offer, in case, it is in writing, your action is perfectly legal as the verbal officer has no meaning unless the same is admitted by the other party. In case, you have not made offer in writing, it is better to make officer in writing now. You leave the job as the for claiming amount the employer has to file Civil suit, which requires Court Fee as well as time. Normally the employers is put these conditions for putting pressure on employees and do not go for litigation unless there are extraordinary circumstance. If any case is filed you are in better position to negotiate rather to offer amount. But be ready for payment of amount of short period.
Querist :
Anonymous
(Querist) 14 January 2011
Thanks for the reply and guidance. I will make it sure that I intimate to my employer in written that I will leave the organisation within a month and would pay for the shortage of notice period.
Request you to guide me on my second point as well.
What if my employer refuses to change the date of relieving, and marks me "absconding" from the date I leave the organisation actually (i.e. within one month)? What would this action lead to? and how do I secure myself from this action? Please advise.
Ajay Bansal
(Expert) 14 January 2011
See A.I.R. Manuals also.
Advocate. Arunagiri
(Expert) 14 January 2011
They can not mark you as abscond, because you have issued proper notice and ready to buy the notice period.
If they declare you as abscond, sue them for defamation.
Querist :
Anonymous
(Querist) 25 January 2011
My resignation has been accepted formally and my senior has marked my last working date after 90 days, while I had requested for 30 days.I had sent a mail to HR stating that I would leave the organisation by 10th Feb and am ready to pay for shortage of notice period.
I am really pissed off with the way HR responded (verbally) to this mail.
HR manager simply said that company will not change the last working date, i.e. I will have to serve full 90 days notice period. If I leave in between, company will mark me absconding and will initiate termination process. Company will issue a termination letter if I do not serve full notice period.
I am shocked to see such dull face of this company. It is supposed to be amongst the most reputed private banks in the country. This will just prove its might...and mental torture to its employees. I learnt that there are atleast 10 other ppl in this organisation who are undergoing similar torture....
Good part is that my new employer is ready to take me without relieving letter based on accepted resignation. HR manager of new company has given this confirmation on mail.
I am now a bit worried on "termination" part. What would it mean to my future career? How should I handle this? Please guide.
