Company not agreeing for notice period buy out

You have to follow company standing orders rules in case of employees resignations

Hello Ramachary Sir,

Does the company have separate Standing orders or the Standing orders(an act) are applicable through out the state

Don’t act in haste and do not commit the mistake that majority of the employees commit.

Has the new company issued any offer letter to you?

Did you inform the interview committee that your notice period in current employment is 3 months?

You should inform the new company preferably in writing that as informed during interview the notice period in current employment is 3 months and current employer is unwilling to relieve you before expiry of notice period and it may not issue you acknowledgment and acceptance of resignation, service certificate, relieving letter, FNF statement and settlement, last salary slip etc…………………………and you can not submit these till these till these are supplied to you by current employer.

Therefore the new company should either increase the validity of offer of appointment from 1 month to3 months or absorb you on the strength of copy of resignation submitted by you and its proof of dispatch (not POD) and waive off any condition of supplying acknowledgment and acceptance of resignation, service certificate, relieving letter, FNF statement and settlement, last salary slip etc from current employer.

You are in which state and HO/Redg. office of the company is in which state?

Company has issued the offer letter or appointment letter to you?

Offer letter is issued after selection and an offer of appointment is made and the appointment letter is issued on joining the company.

Has the company stated notice period during probation period and upon confirmation of service separately?

Has your services been confirmed in writing by the company?

It is felt that you have not drafted your notice of resignation appropriately.

You may take the help of elders in the family, competent and experience well wishers, lawyer/law firm, Trade Union Leaders, IT employees associations and cite the concerned clause on notice pay and termination in offer/appointment letter issued to you.

Instead of writing to relieve you as soon as possible you should mention the notice period being tendered by you clearly and affirm that the notice pay be adjusted in FNF statement/settlement or affirm to tender it by cheque against receipt on the spot on hearing favorably from the company.

IT/ITeS companies are covered by Shops and Commercial Establishments Act of the State.

You may also look into this enactment and its clauses.

If the standing orders are applicable to the establishment you may ask for certified copy of CSO (certified standing orders of the company or model standing orders whichever is applicable and request to inform you the fee so that you can deposit under receipt on the spot).

If notice period in standing orders is 1 months it can not be 3 months in appointment letter.

You may find the thread relevant and useful.

https://www.lawyersclubindia.com/forum/How-can-i-avoid-notice-period-recoverable-amount-90592.asp#.UmPUQXCAqWM

Hi Kumar Doab sir

Yes the new company issued the offer letter .

I did not inform the interview committee about the 3 months notice period because , in past couple of month many of my colleagues were relieved in 15 day to 1 month time period. Assuming that even i agreed for 1 month notice with the new company.

The current company i am working is located in Bangalore and i believe this is the HQ but they do have office in US .

Yes the company has issued the offer letter for me. On the joining also i have been issued the same.

No in probation the company did not state any notice period.

The services was not confirmed , but when i mailed to HR regarding the confirmation letter , they replied back stating that your offer letter which was issued at joining will be considered for confirmation purpose only.

Yes i think so i have not drafted the resignation properly , i searched in google for the sample copy and with little changes sent that to Managers and HR.

Thanks for your Valuable time replying me.

>> You should inform the new company preferably in writing that the notice period in current employment is 3 months and current employer is unwilling to relieve you……………………….

( as already posted in detail )

>> The current company/employer would be covered under Karnataka Shops and Commercial Establishments Act.

Sec6A: The issuance of appointment letter is must. Offer letter given after selection that for just making an offer of appointment shall not be appointment letter.

All of the service conditions are not stated in offer letter. The conditions in offer letter can be amended before issuing appointment letter.

If the appointment is not confirmed in writing you should be deemed to be on probation period.

You may show your offer letter to your lawyer  and let your lawyer go thru the language of offer letter.

>> The govt. of Karnataka had ended the blanket exemption granted to IT/ITeS companies from standing orders and all companies were directed to submit their draft standing orders by Dec12 for certification by Mar13. Till then Model Standing Orders shall apply.

Model Standing Orders: Notice period during Probation is NIL. Notice Period for Confirmed employee is 1 month only.

Section: 13.        Termination of employment,

>> The HR is not your employer. It is just another employee in the company.

You may submit your representations to good offices of appointing authority, MD…………….preferably by redg. post.

Let all of your communications be now drafted by your elders in the family, competent and experience well wishers, lawyer/law firm, Trade Union Leaders……………………….

IT employees unions

https://www.wbitsa.org/

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

https://www.itpfindia.org/

www.unitespro.org

Thanks again Kumar Doab Sir ,

My Manager who few days back said he cannot relieve me before , now after saying this to him has asked me to check out with HR and Finance team , If they are ok with my relieving He is ready to let me go.

(> The govt. of Karnataka had ended the blanket exemption granted to IT/ITeS companies from standing orders and all companies were directed to submit their draft standing orders by Dec12 for certification by Mar13. Till then Model Standing Orders shall apply.

Model Standing Orders: Notice period during Probation is NIL. Notice Period for Confirmed employee is 1 month only.)

Thanks again for your very precious advice .

Dear Mr.Sandeep,

Your Notice period buy out terms and conditions  from your current  employer are fair and reasonable. Please file  an appropriate labor court case on the above cited terms and conditions of your 3 months notice period after getting issued a Legal Notice to them. If you wish to thank me for this reply p[ease click the Thank You buton on my profile.

Hello Experts ,

I had Discussions regarding the same with HR, Finance Managers and asked them to issue Standing orders but no one is aware of the Standing orders and they declined to relieve me before three months.
 I am in a helpless situation , where the HR is saying my whole career will be spoiled if i go against the company legally .

Sandeep