Legal action against notice period
Dipan chatterjee
(Querist) 28 August 2012
This query is : Resolved
Hi Sir,
My name is Dipan Chatterjee, and I am working as an Assistant-Manager in one of the India's renowned company.I have joined here on March-19th.
However from that time, the company do not have any proper work to assign. We just simple come and go back.
Now I want to leave from this company. My notice period says that it is 3 months in probation as well as after confirmation. As per the new opportunity which I got I have to join there within 1 month. my current employer is not negotiating and denying to release me in one month though I do not have any work to do, when am ready to pay the two month basic salary, as per my offer letter, still they are not ready to relieve me. In my offer letter it is mentioned that in probationary period it is negotiable
My current employer is saying it is not possible because they have some pact with the end client. The very next day one of the other manager called me and asked me to go for a different project for a different client. I asked the question to my employer, that "how come they are asking me to take a different project now, and what about the billing issue with the existing client"?? They did not provide any concrete answer to this.
1--My question to you, I don't need any relieving letter or any salary settlement.
2--After I serve one month and can I terminate my position from the company. There is nothing pending from my side.
3--Will there be any legal implications to it. If yes, at-most what they can do.
Dipan chatterjee
(Querist) 29 August 2012
Here what is written in my offer letter.
"Either party may terminate this appointment by giving the other party three months notice or salary in lieu of the said notice period during probation period or upon confirmation. In the event of you having any incomplete assignment, the company will have discretion to relieve you only at the end of the three months' notice period."
As I am sitting in bench for last 5 months without any work.Though assigned in a project, but sitting almost in a bench, due to no work at all.
Hence I want to move forward and try my luck somewhere else.According to me which is a better scope for my career.
I send the resignation letter mentioning, that I will serve notice period of one month, and ready to purchase the rest two.
My company is denying and forcing me to stay for 3 months, due to some client billing related to this an they have to find my replacement.
However as i mentioned the very next day, one of the other manager asked me to take a different project in somewhere else.So there is no billing issue at all.
Or else they are show casing one single candidate to two different clients.
If my new employer is ready to take me without relieving letter from current organization.Based on my previous experience.
And if I serve one month notice here in my current organization as I mentioned in my resignation letter, and leave after that.
Is there any possibility that my current organization will take legal action against me, because of not completing the notice period.
If yes what maximum they can do?I am ready to pay the rest two month salary.
I believe it is not any criminal issue, I just want to quit my job which I do not like and nobody can enforce me to do that.
Please suggest the best possible way.
Raj Kumar Makkad
(Expert) 30 August 2012
In the given facts, you have every right to purchase the balance period of your notice. You can leave your company after surrendering the amount equivalent to balance notice period either by way of cheque or DD and if your employer do not receive it, send it through registered post and get relieved and demand also relieving letter. You cannot be deprived off from your legal right to invoke the condition contained in your appointment letter. There shall not be any issue regarding your leaving job. You should also take you would be employer in confidence in this matter so that you may not face any problem in future.
Guest
(Expert) 30 August 2012
The question arises, did you submit your formal resignation, or just negotiating verbally, whereras you have not mentioned anywhere that you have submitted your resignation.
All the three of your queries are irrelevant and premature if you have not yet submitted your resignation and did not get anything in writing in response to your resignation notice.
When the terms of resignation are very clear, why do you prefer to verbally negotiate with the management when you have not submitted any resignation?
Dipan chatterjee
(Querist) 30 August 2012
Hi Sir,
No I did submitted my resignation through email, as per the process. And in the resignation letter I mentioned that i will sever one month notice period and am ready to purchase the rest two months according to my offer letter.
After submission of my resignation letter, my HR and one higher official called me for meeting, almost after 8-9 days and informed me that you need to server 3 months as we won't allow you to purchase notice period, because we have some client agreement, and we cannot eave people who are in this particular process, we need to find you replacement. Also threatened me that we have that much source that we can spoil your career.
However the from the time of joining, though I have been assigned to this process I have no work and I am sitting ideally for the last 5 months.
Moreover one another manager called me and ask me to go for a different process on urgent basis, that is for a different client, which am unwilling to do. So I denied to take that opportunity.
Dipan chatterjee
(Querist) 30 August 2012
P.S--I did not received anything in written from my company about my resignation. They have only communicated to me verbally.
Guest
(Expert) 30 August 2012
Language matters much. There is a great difference between the proposal to resign, as "I WILL serve one month notice" and the actual notice with the wording "I hereby serve the notice of my resignation for one month with the date of my resignation as ..........., etc.
Your notice seems to be defective in itslf.
When will you serve the notice, is indefinite.
Dipan chatterjee
(Querist) 30 August 2012
In put my resignation letter on 14th August and mentioned that my last serving day in the office would be 14th September.
Accordingly for the last two months am ready to pay the salary.
