Pavan (Unknown) 15 April 2014

Notice period and bond breakage amount

Hi,

I am working in a private company in Karnataka from 2 years. Now I want to leave the company as soon as possible. I have not signed any terms and conditions with the company or any appointment letter. Now the company asks to work for 3 months and a huge amount to issue NOC and relieving letter. Notice period and bond amount was oral and is not at all written. Please guide me to get the NOC and relieve letter without serving for 3 months of notice period as i have to leave as soon as possible. Thank you.

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Kumar Doab (FIN) 15 April 2014

Employee should tender some reasonable notice. You should also do it and handover charge an complete assignments under proper acknowledgment of course.

NO T&C like notice period/pay or BOND is applicable to you.

Assuming that standing orders are applicable and extended to your designation and are certified look into these.

Assuming that standing orders are applicable and extended to your designation and are not certified look into Model Standing Orders Sec;13 to 18 : Notice period/pay applicable during Probation is NIL , after confirmation is 1 month and service certificate is to given all employees.

As per Karnataka Shops and Commercial Establishments Act:

Sec6A: Appointment letter should be issued. Employer should be punished.

Sec39: Notice period for service >6 months=1 month.

Handover the charge properly under acknowledgment and state no tasks are pending and keep evidence, under acknowledgment.