Company not relieving
neelima jain
(Querist) 09 March 2012
This query is : Resolved
Dear Experts,
I need your urgent advice. I am working with corporate company & put separation request.
As per company process their is clause of 90 days notice period. PL will be adjusted against calculation of notice period maximum upto 60 days.
I have 60 PL & hence i served company for 30 days. day before relieving i received mail from my hr that as per new guideline you have to serve entire 3 months & no PL will be adjusted against it.
When my separation request is accepted by hr it is clearly mentioned about acceptance of 60 day PL clause, hence if company introduce any new policy then it should be prospective not retrospective. When i discuss to left the job on scheduled date they state that they will treat me as absconding from service & not settle my F&F.
Kindly guide what should i do ....
ajay sethi
(Expert) 09 March 2012
you are legally right . any new guidelines will have prospective effect only .
if you dont have alternative job at hand serve 90 days speriod and leave company on amicable note .
Raj Kumar Makkad
(Expert) 09 March 2012
Legally your stand is accurate and perfect but do consider all proctical aspects in mind as court proceeding generally take much time in decision and you cannot remain idle till that period.
Daksh
(Expert) 10 March 2012
Ms.Neelima Jain,
It is correct that you have to serve the agreed notice period which stands changed after subsequent notified policy.
Best Regards
Daksh
Sankaranarayanan
(Expert) 10 March 2012
You are. Right and you once again send the same resingnation lertter which you given before 90 days along with the reply for HR letter and mention those ammendement are only prospect effect. The letter should be sent by RPAD
neelima jain
(Querist) 11 March 2012
Thanks all,
But i have to join new organization within 7 days. In my opinion they are mentally harressing.
Is thier any option to file criminal complaint for cheating & harressment.
V R SHROFF
(Expert) 11 March 2012
You have no option, wait for notice period, you will get lots more opportunities, if this one cannot wait for 7 days.
But I advise you to wait for 7 days, . u cannot go for Criminal action.
