not able to serve Notice period
Mohit
(Querist) 22 June 2011
This query is : Resolved
Hi Experts,
I work for an IT company and due to recent aquisition they have revised the notice period to 3 months.
I and my five other collegues have found suitable job and would like to leave this company within 1 month, 45 days or 2 months as per our negotiations with HR with paying whatever penelty applicable i.e basic salary of notice period not served however company HR dept is not ready to give relieving letter stating the paying penelty is not possible and the penelty itself is we would be not provided with the relieving letter.
1. 3 months notice period is absurd and rare IT organisation wait for a candidate for 3 months.
2. Due to the aquisition, the policies implemented are not favoring the employee's growth and more that 300 resignation are already given in noida location.
3. nither in employee handbook or in revised compensation it is mentioned that notive period is not negiotiable. its the compancy's stance that they will not relieve anyone without exception.
I am in a fix as i have received a once in lifetime oppourtanity and my current employer's adament front would ruin my career.
please advise if my current employer can force me to serve 3 months notice. If there is any law that can help us to get relieving letter from this company (on the condition that 1 am ready to serve till 2 months notice period and ready to pay whatever penalty applicable)
Ajay Bansal
(Expert) 22 June 2011
YOU HAVE TO GIVE EITHER 3 MONTH'S NOTICE OR THREE MONTH'S PAY. IF YOU ARE GIVING ANY OS SAID THING,THEN YOU HAVE A LEGAL RIGHT TO BE RELIEVED.
Mohit
(Querist) 22 June 2011
Thank you for your reply. Please let me know the law description so that I can consult a local lawyer and proceed with paying any penalty applicable to get the relieving documents.
Mohit
(Querist) 24 June 2011
Hi Experts,
Thnak you for your valuable advise. I have checked other posts regarding this issue, consulted a local advocate and It seems it would be benificial for me to persuade current employer.
In case they keep the adament front, will go for the legal way.
I truly appreciate your help and contribution in making things lawful and fair for all
pawan sharma
(Expert) 24 June 2011
yes you can knock the door of the court.
Kirti Kar Tripathi
(Expert) 24 June 2011
If the revision of notice period is unilaterally, you are not bound but if there exist any notice period in you bond, which you have already signed, you has to fulfilled the condition.
RAJU O.F.,
(Expert) 24 June 2011
Try to be tactful with your present employer, for getting early relief. When you go to greener pastures, do not worry about small losses. Legal measures may complicate your issues and if known to your prospective employers, they may hesitate to accept you, thinking that you are argumentative.
Mohit
(Querist) 02 August 2011
Hi Experts,
Today I have served 45 days of notice period and offered my current employer another 15 days thereby serving 60 days. However I have received a response from HR that my last working day would be 90 days, not a day less.
My employer iGATEPatni is not relieving anyone. my location noida has strength of 1000 employees. since 2 months more than 300 employees have resigned and non have been relieved early.
As per company option of paying salary in lieu of remaining notice period is not available currently whatever reason may it be.
I have been discussing with my manager and HR for more than 45 days, yet no relief for me. I have been exploited and forcefully working here. I have begged and pledged many times in email communication however my company is saying If i leave before 90 days, I would be termed absconding and I wont get relieving and experience letter.
I would like to file a forced labor case against my company and need help.
I reside in ghaziabad and company is in noida.please anyone help me with contact details of an expert in labor related cases
Raj Kumar Makkad
(Expert) 03 August 2011
You should also offer to deposit wage for lesser period than 3 months apart from your notice period.
Mohit
(Querist) 03 August 2011
I have offered them applicable penalty i.e wage for remaining period however as per the company currently this method is not applicable. please let me know if company can make me work citing busniess obligations.
(Just to let all know that I am not bound by any contract, I am simply employed by patni computers now known as igatepatni. At the time of employment the notice period was 2 months, however april onwards company produced digital letters on their intranet informing that notice period is now revised to 3 months)
Today when I informed that I can't work anymore, my reporting manager's response was that the consequences would be severe.
