Employee Resignation - Notice Period Validity

sree_star@yahoo.com (Querist) 11 April 2011 This query is : Resolved
Dear Sir,
I am currently employed in a company registered under Trust Act. I have resigned my job on March 1, 2011. As per my employment terms &conditions I have asked to serve a notice period of 3 months. As such I have served as on date One month and 11 days. I am supposed join my new employer on May 2, 2011. That Means I can serve only two months notice period. I am also willing to pay one month salary and apart from that I have an earned leave (prinvelege leave outstanding of 45 days) can I quote that pl outstanding and move away from the service. They are unwilling to accept and they are insisting on my notice period only orally. I am really worried about my future. My new employer is asking for a proper relieving order. Kindly advise if there remedy for such thing. My new employer is a bank.

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sree_star@yahoo.com (Querist) 11 April 2011
One more thing is I have not been given any proper work during my notice period. Most of the time I am sitting Idle.

Guest (Expert) 11 April 2011
KINDLY NOTE THAT.
1YOU MAY REFER TO YOUR JOB OFFER AND APPOINTMENT LETTER FOR TERMS OF SERVICE AND NOTICE PERIOD.
2.YOU HAVE ALREADY SERVED NOTICE ON YOUR LAST EMPLOYER SO NOTICE PERIOD OF THREE MONTHS YOU HAVE TO COMPLETE OTHERWISE YOU HAVE TO PAY NOTICE PERIOD SALARY OR BOND AMOUNT MENTIONED IN YOUR APPOINTMENT LETTER.
3.KINDLY NOTE THAT IT IS UP TO YOU TO CONTACT THE PERSONNEL DEPT OF NEW EMPLOYER AND SHOW YOUR WILLINGNESS TO JOIN AND START THE MEDICAL AND OTHER PROCEDURE IT MAY TAKE SOME TIME..AND IN THE MEAN TIME YOUR NOTICE PERIOD WILL ALSO GET OVER.
4.YOU MAY ALSO DISCUSS THE MATTER WITH YOUR PREVIOUS EMPLOYER AND ENQUIRE ABOUT THE AMOUNT WHICH YOU HAVE TO PAY TOWARDS NOTICE PERIOD IN CASE YOU LEAVE EARLY.
5KINDLY NOTE THAT IN CASE THEY ARE NOT RESPONDING THEN GIVE A LEGAL NOTICE THROUGH EXPERT ADVOCATES AND ENQUIRE ABOUT THE BALANCE AMOUNT TOWARDS NOTICE.
KINDLY NOTE THAT YOU SHOULD BE VERY CAREFUL AND DO NOT ENTER IN TO ANY UNNECESSARY FIGHT WITH THE PREVIOUS EMPLOYER AS THEY MAY TRY TO INVOLVE YOU IN ANY FALSE CASE PLEASE NOTE.
SO BE CAREFUL AND SETTLE THE MATTER WITH PREVIOUS EMPLOYER AND JOIN THE MORE SAFE BANK JOB.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT,ADVOCATE

sree_star@yahoo.com (Querist) 11 April 2011
Thanks sir for your valuable advice. The problem is I am willing to pay the amount for the remaining period of notice period and they are continuously insisting on the notice period. They have not in written accepted my resignation all their communications are more oral. But all my communications are more in written form. They are also holding my original certificates (PG)though I have their acknowledgement of holding. I am really worried about my future. So far I have given 8 reminders and 37 time of interactions. There is utter disrespect to all my communications. After the end of three months they may also say now your resignation has been accepted you may please serve the notice period of three months and make me to stay back for another three months. I am really not aware what is going to be happen. Is their any legal remedy to this menace.

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