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Stani Jude John   24 August 2016

Relieving and pay back option

Hi, I have been working with one of the largest Telecom operators for the past 2 years. Due to location constraints and growth restrictions I looked out for other opportunities and I succeeded in finding a good opportunity. As per the company policy I have to serve 2 months notice period or I can pay in lieu of the notice period which is company's discretion. I have to join the new company in 3 weeks time and I have informed my present employer that I am willing to pledge my salary for the rest of the notice period. Now my employer has denied me pledging of my salary and insists on serving the entire notice period. Can a company deny this when it's mentioned in the joining agreement and is their any legal standpoint to this. Please help. Thank you


 1 Replies

Kumar Doab (FIN)     24 August 2016

Since how long you are working in this establishment?

Are you under probation of confirmed?


What is your designation and nature of duties?

Do you have powers to sanction (not just recommend) leave/increment/appoint/terminate?

Can anyone change your recommend, cancell your sanction?

What was your monthly salary?


Does standing orders apply to establishment/your designation? If yes are these certified?

Are you a member of employee's/trade unions?

Have you consulted a very able counsel specializing in Labor /Service matters?

 

Like employer can employee also decline to accept notice pay if employer has initiated separation by termination?

 


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