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Paritosh   16 February 2016

Am i legally bound to serve 3 months notice period in haryan

Notice Period: Issue Related To 3 Months Notice Period: URGENT Help Required Hi, I Joined My Company In September 2015 As A Manager. I Am Working As A Business Analyst To VP. (I Am Not Doing Any Technical Work..)I Got The Opportunity In Some Other Company With A Better Salary And An Onsite Opportunity. Now My Reporting Manager Is Not Ready To Release Me And Trying His Level Best That I Miss My Date Of Joining And He Made It Clear That He Will Not Let Me Take My Resignation Back Either. My Appointment Letter States: "The Services May Be Terminated By Either Party, Giving Notice In Writing For Three Months Or Payment Of Salary In Lieu Thereof. The Company Reserves The Right Not To Accept Salary In Lieu Of Notice" I Resigned On 12th February And I Can Serve Notice Period Of 30 Days Only. I.E. I Want To Be Released From Here By 12th March 2016. My Supervisor Is Threatening Me By Saying That I Am Legally Bound To Serve Notice Period And I Will Not Get my relieving Letter In Case I Protest Or Try Not To Serve Notice Period. I Am Under A Lot Of Stress And Going Under Depression As I'm Now Sure Of Losing This Job And I Will Not Be Able To Join The Next Company.. Please Suggest What I Can Do Here. 1> Am I Legally Bound To Serve Notice Period? 2> What Can I Do To Get A Release After Serving 30 Days Notice Period And Get My Reliving Letter. PS: I Am Under Debt Of 16 Lakhs Of Education Loan And I Cant Afford To Leave My New Job. Please Help Me. Thanks,


 5 Replies

Kumar Doab (FIN)     16 February 2016

Record all threats 9audio/visual/minuted/witnessed).

Does the employee also has the discretion to decline notice pay in lieu of notice period if employer has initiated the termination?

If NO; the contract may get termed as arbitrary.

 

Do you have acknowledgment and POD of notice of resignation?

 

Have you mentioned clear notice period/LWD in it?

 

Have you mentioned clearly that notice pay be adjusted in FnF statement?

Has the boss supplied the declinature, in writing?

Is your boss your employer?

 

If your designation;Manager is decorated one and you are covered by def. of 'Employee' as in Punjab Shops & Estbs Act (haryana follow it) and 'Workman' as in ID Act then the max. notice period applicable might be 30 days and clause of notice pay in  lieu of notice period shall be applicbale.

 

Employee can withdraw resignation before expiry of notice period.

Employer can not accept resignation before expiry of notice period.

 

It shall be test of nerves for you.

Instead of shwoing your weaknesses maintain composure and apply skills.

 

Does your next employer agree to absorb you without acceptance of resignation, service certificate,relieving letter..................................etc and on the strength of copy of notice/final resignation and its POD?

 

Did you mention notice period of 90days and hence joining time of 90days in employment forms submitted to next employer?

 

Is your next employer willing to buy out notice period .......................in writing?

 

Consult an able counsel specializing in labor-service matters and shwo all employment related documents. 

 

Paritosh   16 February 2016

Hi Sir, 

 

Thanks for your reply. My Answers to your questions are in line.

Before you go ahead with reading those, I would like to mention that:: As per your comments, I am not legally Bound to serve Notice Period of 90 days. I can serve 30 days Notice period and leave. Company shall release my FnF and can not stop my releving letter. Am I right?

2> Genpact Limited is a multinational business process outsourcing and information technology services company: Company comes under Punjab Shops and Commercial Establishments Act . Am I right?

---------

Does the employee also has the discretion to decline notice pay in lieu of notice period if employer has initiated the termination?

If NO; the contract may get termed as arbitrary.

 

<<No: It is not there: This means it is Arbitrary>>

 

Do you have acknowledgment and POD of notice of resignation?:

<<Yes, I do>>

 

Have you mentioned clear notice period/LWD in it?

<<Yes, In subsequent mail I have clearly mentioned my Last working day with Date>>

 

Have you mentioned clearly that notice pay be adjusted in FnF statement?

<Yes, I have>>

Has the boss supplied the declinature, in writing?

<<Yes, he stated I am legally bound to serve Notice period of 90 days>>

 

Is your boss your employer?

<< He is a VP. I am working with Genpact>>

 

If your designation;Manager is decorated one and you are covered by def. of 'Employee' as in Punjab Shops & Estbs Act (haryana follow it) and 'Workman' as in ID Act then the max. notice period applicable might be 30 days and clause of notice pay in  lieu of notice period shall be applicbale.

 

Employee can withdraw resignation before expiry of notice period.

Employer can not accept resignation before expiry of notice period.

 

It shall be test of nerves for you.

Instead of shwoing your weaknesses maintain composure and apply skills.

 

Does your next employer agree to absorb you without acceptance of resignation, service certificate,relieving letter..................................etc and on the strength of copy of notice/final resignation and its POD?:

<< I Need to check with them: As per my last discussion they need Relieving letter>>

 

Did you mention notice period of 90days and hence joining time of 90days in employment forms submitted to next employer?

<< I did Mention 90 days and the next company agreed to buy 60 day Notice Period>>

 

Is your next employer willing to buy out notice period .......................in writing?

<<Yes, they agree to buy Notice period in Writing>>

 

Paritosh   16 February 2016

To add:  My Appointment Letter States: "The Services May Be Terminated By Either Party, Giving Notice In Writing For Three Months Or Payment Of Salary In Lieu Thereof. The Company Reserves The Right Not To Accept Salary In Lieu Of Notice"

atul (ACB)     16 February 2016

As per service matters and rules, the Agreement between the Employer and Employee is the instrument which decides the terms and conditions.

Practically, the law favours the Employee when he is ready to forego  salary of say 3 months , in your case. The Employer cannot evoke anything else including any criminal action for example FIR as the same provision is not included in the Agreement.

At the most, the Empolyer shall harass you by not providing you the certificates which you require at the time of quitting or change over.

Remedies:

- Take the next Employer into confidence.

- Send resignation letter by registered post.

- Offer them 3 months salary deduction thus clubbing their options.

- Go fearlessly;if you stay, they will harass you.

 

Arbitrary clauses in agreement can be contested in court.

 

Kumar Doab (FIN)     17 February 2016

An abnle counsel specialzing in labor-service matters,that has examined all employment related docs, communications and nature of duties can advise you the best.

 

Your boss has already indicated that he/she won't let you withdraw notice/resignation.

 

It might be his/her personal decision or corporate policy as many believe that one that has decided to separate is no good for future.

His decision in any case is apointer that you have virtually lost this employment and you will not be getting the requisite letters/certifcates.

 

You have the option to escalate to good offices above VP/employer/appointing authority/MD/Chair

man etc...................

and offer to tender notice pay/adjust it in FnF statement..............................and indicate advance decision to decline to issue acceptance of resignation and releiving letter shall render you unemployable...............................and bild some irrefutable grounds for future use.

 

You must mention that NO tasks are pending at your end and within 30days/LWD to whom you should handover the charge.

 

You must indicate to next employer preferably in writing under proepr acknowledgment that current employer is unwilling to release in 30 days and impresses to serve full notice period and hence it should state in writing that it shall not terminate for the want of relieving letter, that you can supply only if it is supplied to you by employer.

 

Relievng letter signfies that employee has resigned and nothing is pending towards employee.

 

All points mentioned are first hand impression and suggestions.

 

You may choose wisely what suits you, your interest, your future and draft carefully and preferably seek examination by an able counsel. 

 

 


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