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abhishek (ase)     31 May 2012

Help me please dear sirs


dear sir help me


i work for a very large it company....where i have given resignation letter...now the hr is asking me to serve notice period as per their wish.......but i got a govt. job where i dont require any exp. certificate or any certificate from them.As per the service aggrement i terminate i will have to liquidate an amount equal to rs 50000 and serve one months notice or give a months salary.now iam reqd to join the govt job immediately......so i m ready to give rs 50000 also plus one month salary...now the hr is threatening some police action if i leave before completion of project.......i dont understand what they are talking about....help me?? 


 12 Replies

pradeep (na)     31 May 2012

No, they can not threaten you for this reason. Suppose project require 6 months, will you serve them for 6 months more? They can do as per service agreements only. Better if you have evidence of threatening like written letter for the same from your company or recording of verbal conversation, you can comlain to police for the threat.

Anjuru Chandra Sekhar (Advocate )     31 May 2012

Go and join your govt. job.   Do not talk to them at all, let them send whatever letters, notices they want to send to you.  If they initiate any legal action come back to this forum or write to my Email. 99% they will not initiate any legal action.


Dear Abhishek,


                    Dont worry, the company i just threatining you and doing nothing else. Please go and join the new govt job and do not worry at all. You just be relax, let them do what ever they want to do. F**k your company and the HR. Do not worry at all.

Love you,



Kumar Doab (FIN)     31 May 2012

Employee should record (audio/visual) such transactions. These shall come handy at appropriate time in appropriate forum.

You may show copy of your appointment letter, service agreement to a competent and experienced service lawyer.

You should write effective date of resignation/last day in office in your notice of resignation. If you have not you may submit a subsequent communication by letter thru redg. post under acknowledgment followed by email.

On your last day in office you must tender final resignation, one copy at the reception where all dak is received and obtain acknowledgment on your copy, one copy by redg. post, and copy by email.

abhishek (ase)     31 May 2012

thanks @doab,@sommu @chandrasekhar @pradeep..............so i can join govt job without any worries......because i cannot afford to lose the govt job ....i got as a result of lot of hardwork...and my family is not that rich....


love u abhishek, best of luck




Ajit Singh Cheema (practising Advocate)     01 June 2012

Abhishek,I will sugest you for reading commentaries on Article 23 and 24 of Constitution Of India for your moral boosting,

abhishek (ase)     01 June 2012

@ ajit singh sir... thanks for ur advice........do article 23 and 24 can be applied here

abhishek (ase)     01 June 2012


abhishek (ase)     01 June 2012

Thanks everyone here..i am following as u said

abhishek (ase)     04 June 2012

dear sirs,


 i have been doin as u said...............but the hr is threatening that she can spoil my career....send a negative feedback to the govt job so that i can never get a job

Kumar Doab (FIN)     04 June 2012

Company may succeed in getting the amount mentioned in service agreement/bond to the tune of amount company has spent on that type of training for you, which added to your qualification or specialized skill.

The training provided to better your performance or on product knowledge, system etc is not the training for which company may succeed.

You have to serve the notice which has been accepted by you in your appointment letter/contract. If the notice period is same for employee and employer , it is valid or it may be unethical and may not stand test of law. Notice period is well described in enactments e.g. Industrial Employment Standing Orders, SE act and is applicable as per descripttion of employees in these enactments. Contract should be fair and reference should be same for both the parties.Company should not resort to double standarads.

It is reiterated that you may record the threats (audio/visual) and these may come handy at appropriate time in appropriate forum.

If you are in software/IT Company then these companies do become cold and adamant as completion of projects is important. Many of these companies may not have good HR practices and well groomed and full fledge teams in HR.

It is important that you should structure your notice of resignation, representations in such a manner that virtually no room is left for the company to charge you on any count. It is true that if the project is 6 months long employee can not coerced and forced to remain in employment for 6 months. In your notice of resignation or by subsequent communications in writing you must write the effective date of resignation/last day in office and should tender reasonable notice and point out to designate an employee as replacement and for handing over the charge. You should also mention that only routine work may be assigned which can be completed within and up to effective date of resignation/last day in office.

You may show your documents including appointment letter, service agreement emails, etc to a competent and experienced service lawyer. Let your lawyer structure ansd draft your representations.

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