Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vk (--)     18 March 2010

Disagreement over Release date of an employee

Hi ,

I am Vk i wos working with an MNC in delhi. I have resigned on monday and served a notice period of 3 days whereas company wanted me to complete a notice period of 30days (Also mentioned on the appointment letter). I have asked them that i wan't be able to serve the notice period of 30days but whatever will be the compensation then can recover at the time of full and final settlement. They didn't agreed and and mentally harassed me by saying that they will take legal action and will not let me join any other company. I have my joining in my new company next week.

I am very tensed and dont know which way to go. Please advise .

Your help will be highly appreciated.

 

Thank you

Vk



Learning

 6 Replies


(Guest)

As per law the present employer can seek the comensation of 30 days salary and any other damages stipulated in the appointment letter.  He may withhold your experience certificate.  If the new employer does not insist about experience ceertificate and relieving order from the ex-employer, you can go and join the new employer and challenge the action of ex-employer in the court, if he deducts more than one month salary as notice period pay.

Tapan Amoria (Manager H.R.)     21 March 2010

Dear VK

Your employer can not force you to serve for the notice period. At the most they can ask you you to surrender 30 days salary explain this thing by registered post to them along with your intention to pay the 27 days salary and ask them to provide you with all necessary documents that you require for your employment in new company.

If your present estblishment is a factory than it is compulsory for them to issue the experience certificate to you otherwise you can approach the Director Industrial Security (Factory Inspector) of your area.

Speak to your new employer also and explain them the problem that you are facing.

By Experience letter and relieving letter normally organization ensures that you have severed your all relations with previous employer and is not providing any services to them. This can be resolved by sending  resignation with registered post with cc to your new employer. Just speak to your new employer I am sure they will accept your resignation sent with registered post as sufficient evidence for severring your ties with your present company.  

radha (freelancer)     07 April 2010

You may submit the copy of your resignation and proof of its despatch like copy of registered post receipt  to your new employer and Hr staff of your new company can ask you to submit an affidavit, for which they may provide you a model language, stating you are not employes any where else. You should positively handover a letter also stating on Dated .........your Ex employer has refused to provide you the relieving letter and experience certificate, and you are trying for it,and you shall be able to submit it as and when you receive it.The HR staff of your new company , whcih has absorbed you,is well aware of the practices in the industry and shall help you.

sanjeev   08 September 2016

  ignore

Kumar Doab (FIN)     08 September 2016

While posting such query employee should always post basic information;

Nature of establishment; Commercial/Indistrial

State of location

Designature and nature of duties

Tenure of employment

No. of employees in establishment

Application of standing orders (Model/Certified)

Existence of Works Committee/Greivance Redressal Cell in company

Arbitration clause if any

 

etc etc

 

 

for better opinion.

 

 

Kumar Doab (FIN)     08 September 2016

Reply pointwise to all points.


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