Forcing to serve 3 Months Notice Period

Software Engineer

Hi I am Sasank. I am working with a MNC. Recentlyh I have given my resignation. As per the offer letter I have to serve a period of 3 months or in lieu of notice period I have to pay the two months salary.

Now my employer is forcing me to serve a notice period of 3 months cumpulsory .They released many persons but now they put me on hold as many persons resigned recently.

I dont have any service contract or bond with my present employer.

They harassed me when I asked for early releaving ..saying that They are running business not charity.....

Please suggest me what I need to do ...I am in tremendous pressure ..

Please

 
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LEGAL COUNSEL

Whether a firm is running a business or charity, they are bound by the contract of your letter of appointment and at the best demand notice pay in lieu of the notice period. Of course you need to complete any handing over formalities for smooth relieving. Approach the highest authority of the company with written representation.

Vasudevan

 
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freelancer

You have mentioned your notice period is 3 months and notice pay claim for 2 months.Pls check your appointment letter.

How did you send your resignation letter. Have you taken an acknowledgment.

You may write to your appointing authority or Managing Director of the company, and reiterate on your resignation from the services mentioning clause in your appointment letter vide which you can terminate the contract by giving a notice for ....months or salary in lieu of that.

You may ask them to send you by registred post,the acknowledgment of your resignation letter,acceptance of resignation, work experience certificate, PF accumulation report,Form16,PF withdrawl forms ,and write  to settle your account, and advice  you to whom you should submit the company property ,if any with you e.g computer, I. card,Visiting card etc ,on a mutually convenient date and time and venue( Prepare an itemised detail in advance and obtain receipt duly signed and stamped by the competent person). You may keep in touch with the concerned superiors,HR in this company and complete the handing over formalities at the earliest, and maintain cordial relations.

You must have secured another job.In new company complete formalities of submitting the employment form with testemonials,copy of your resignation with acknowledgment, and obtain offer letter.Clear the situation ,tell the HR person the old company is not willing to relieve you and handover the copies of your letters with copy of regd post receipt. New company may conduct reference check with your past employer, on telephone,by email, or through a consultant. Be careful, and give proper references. Find out from your new reporting authority/HR that it is positive while you join.

Attrition and Job opportunities are both a problem in the Industry. Hence the situation.

Be smart and Manage.

 
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Software Engineer

I can serve one month and pay for  the next two months.I am ready to do that.I sent an email of my resignation to my Project Mgr,HR and delivery head.I received the response of that mail saying ..."As per the policy you have to serve 3 months."

If it is mentioned in my apointment letter I can pay in lieu of notice period ..then why they are not accepting that..???

Though it is a Pvt Ltd compny Can these people change there policy?? we cant take any action ???

I can request them but on  my every request they denied. When I approach to HR, he told me ur delivery head has to inform then we can release you. So they are playing with me round round.

Is not there any rule defined in the Law book ,which talks about this policy. If I file a case in court ,Can they bring Stay Order to that ???

Please suggest me.  

 
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Software Engineer

 

I can serve one month and pay for  the next two months.I am ready to do that.I sent an email of my resignation to my Project Mgr,HR and delivery head.I received the response of that mail saying ..."As per the policy you have to serve 3 months."

If it is mentioned in my apointment letter I can pay in lieu of notice period ..then why they are not accepting that..???

Though it is a Pvt Ltd compny Can these people change there policy?? we cant take any action ???

I can request them but on  my every request they denied. When I approach to HR, he told me ur delivery head has to inform then we can release you. So they are playing with me round round.

Is not there any rule defined in the Law book ,which talks about this policy. If I file a case in court ,Can they bring Stay Order to that ???

Please suggest me.  


 
 
 
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Advocate & Legal advisor

first conveyence your new employer for joining without releaving letter or joining after completion notice period. apart that you will serve a legal notice to ur persent company. before going any litigation keep in mind litigation may take long period.

 
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freelancer

Mr. Vasudevan has made the thing very clear, with his advice.

As per your appointment letter you can resign and remit notice pay.

You may face such or even worse situations in future, but you shall have to face them head on, because it is your life and your career.

Finally your next step shall be your decision.

 

You may not hesitate and visit your local service lawyer with copy of your appointment letter and all communications, emails or letters. Have your doubts cleared. You will feel updated and educated. Your lawyer may tell you that your 1st resignation letter is effective, and whether this company can obtain a stay from court., or not.

It is felt that Your Company also knows they shall be on a weak foot. And probably they want to show your case to deter other employees who are thinking of leaving.They may Backtrack . 

HR guys of your next employer also know what tactics are adopted by the companies to tackle attrition. They can employ you on the strength of copy of your resignation letter and proof of its dispatch. You may offer to dispatch your letter while you are in their office, but retain a copy and original receipt of regd post with you. The HR guy can employ you and ask you to submit an affidavit, that you are not employed in any other organization, and can provide you a model language also suitable to them. You may show this document also to your lawyer and obtain advice.

You can apply to concerned post office for  POD and you will get it free of charge, and if you pay Rs.10/ post office will give you certified copy of the run sheet of post man showing delivery to company under their stamp and sign. These proofs are valid in courts.

 
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HI sasanka,

I have v much similiar situation.the only difference is that I haven't resgined yet.

I got good offer from a Company in Pune  and want me to join in 15 days (non- negotiable) & I am having about 36 days accumuated paid leaves which can be adjusted against the notice period. But the last decision is with the immediate manager, who is really strict and doesn't want anyone to leave his team (as this will increase attrition  in his name). I have seen previous cases where he Terminated employees.


The experince letter of 3.5 years really matters to me and also this new offer which can change my next level of growth. I  wish that I end my association with my previous organisation on a very good note with experience letter without serving the stated 2 months notice period. Please advice.

Thanks

 
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Banker

since I am also facing the same sort of problem do let me know how you had tackled the situation and were you successful in obtained releaving within 15 days.

 
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