company forcing my husband to serve two months notice period


my husband is currently working with an IT firm in Pune and has resigned as he is to join another company. the new company is asking him to join within one month while the earlier company is nto allowing him to leave withotu serving two months notice. if he is willing ot pay the othe rmonth after serving one month, can the company force him or not give bhim relieving letter?

please advise asap!

 
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Student

Dear Ajita, This is a typical situation faced by the employees seeking change of job. Instead of exploring legal implication in my considerate view ask him to go and represent to the HR Department and explain them the situation. It is not mandatory that notice period has to be served especially if your Husband is willing to remit the notice period salary. The only problem is if he has some business to finish off or the company is unable to find his replacement. Ask him to go to HR to thrash out the dispute or escalate it to higher ups. Best Regards Daksh
 
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LEGAL COUNSEL

Daksh has indeed suggested a very practical solution.  HR would surely be considerate. It is also equally incumbent on the part of the person resigning, to cooperate and give a clean hand over of impending critical tasks. Mutual discussions would resolve the matter amicably.

best wishes

vasudevan

 
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FIN

Your husband has to join new company in a month's time .

He may  represent to the reasonable superiors above him, and in HR, and take them into confidence that he is sincerly willing to conclude the work  with him, and if they have selected a new guy even train and handover the charge to new guy,and give the reference of some good candidates  and that he is willing to help the old colleagues and employer.

And that he has firmed up his next venture for better prospects, and he has to join with in a month.

If required he may escalate to higher ups.

The old company can relieve him and wave off the notice pay also, and can give good comments in work experience certificate, and a good reference check.

He may manage with the new employer, and point out that he is in discussion with the old employer for a smooth transition and shall send the resignation letter.

 

He has the option of sending the resignation letter, the old company may  ask to remit the notie pay,or deduct the notice pay from his full and final settlement. He can ask for work experience certificate/relieving letter/No dues Certificate/Form 16....

 

 
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Manager - HR

Dear Ajitha,

The Company has a privilege to force your husband to serve for a notice period as per the terms of appointment, the appointment order is nothing but undertaking / agreement between two parties. Refuse to serve as per the signed agreement / appointment order is equivalent to breach of contract. The employer is having 100% rights to ask your husband to perform. 

Even though the appointment order itself my shows the alternative that either notice period of work or equal salary to the notice period. This can be easily sorted out by the HR department with their own discretion. 

 

 

 
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Advocate/Consultant

 In my opinion they cannot force your husband to work when  he is coming with clean hands. Pls see to it that all accounts are settled and there arer no dues before doing this.Report sick if they insist. The terms in the appointment letter are required to be scrutinised before going into details. Pls forward a copy so that I can suggest some measures.

Shreyas Zinjarde, Adv

zshreyas@yahoo.com

+919822579522  

 
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Hello all Gurus,

I have v much similiar situation like the above stated. Only difference is I have not yet resigned.

Even I have 2 months of notice period which generally forced by the Manager here.

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). He simply terminates if someone ask to get relieved before 30 days.


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.

 
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Originally posted by :P. Selvam
"
Dear Ajitha,

The Company has a privilege to force your husband to serve for a notice period as per the terms of appointment, the appointment order is nothing but undertaking / agreement between two parties. Refuse to serve as per the signed agreement / appointment order is equivalent to breach of contract. The employer is having 100% rights to ask your husband to perform. 

Even though the appointment order itself my shows the alternative that either notice period of work or equal salary to the notice period. This can be easily sorted out by the HR department with their own discretion. 

 

 
"

 

I like to differ on this suggestion:

I would like to point out some normal practice, which may seem to be dumb one for many of you. I work for a number of  MNCs and the employment documents are not usually on a judicial paper or any judicial stamp attached. So how this can be construed as a Legal document as all the contracts are to be in the stamp paper or stamp duty paid as per the law. I have reservation on whether this document will stand on Indian court or not.

 

Second : most of the cases, line manager doesn't mind let the employee go but HR puts foot down and start making fuss ( value addition). So I don’t believe that there is point in speaking to HR again & again as they usually are not facilitators but bottlenecks.

 

I am not sure if there is any court case regarding this situation for Managers ( not covered under labor law)? Can anyone refer to a court case regarding this and the outcome of the same?

 

I would rather suggest that you consult a competent lawyer. Companies do fear bad name and legal proceeding, especially the IT firms.

 
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