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Getting relieving & experience from the company

(Querist) 23 June 2011 This query is : Resolved 
Hi,
I am working in IT company. Recently I got job in some other company. But now my company is not ready to relive me. They are saying that I have to sever 3 months.I am ready to pay three months salary. but they want me to work three months. I have given them one more option that you pay me the amount what other company is paying, for that also they are not agree. Please help me what to do.
Kindly repy me in my mail ID - amit.nal2008@gmail.com

Thanks & regard
Amit Chhetri
Guest (Expert) 24 June 2011
Dear Amit,

You may have to check your appointment cum offer letter. If that provides for the deposit of salary equivalent to the notice period, the company cannot compel you to serve for three months compulsorily. You may give in writing that your resignation should be treated as effective from the date you desire to leave by stating that you are willing to deposit the notice period salary by referring the provisions of your offer letter.

However, you may have to face difficulty in getting experience certificate as your straight notice may annoy the bosses of the company. But there seems no other alternative, either to take such a stand or to please them by serving three more months. But, definitely, the other complany may not wait for three months for you to join.
malipeddi jaggarao (Expert) 24 June 2011
And the other company should be ready to take you without relieving certificate from the present one.
prabhakar singh (Expert) 24 June 2011
I share the opinion expressed by mr. PS Dhingra, CEO, Dhingra Group .
Nagesh Rudrakanthwar (Expert) 25 June 2011
yes, I am agree with the expert dhigra & malipeddi. in addition to that I want to add It also depends on the nature of your job. If the work which you have performing already have sufficient back up for that work then your boss can relieve you before 3 months notice period. you just need to convince him.
Advocate. Arunagiri (Expert) 25 June 2011
Send your notice of resignation by notice. Mention that you are prepared to pay in lieu of the notice period, if such a clause is available in your agreement. You can leave the company on serving the notice itself.

If there is no clause for buying the notice period, you have to wait till the notice period only.



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