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Company forcing to serve the notice period for more days
21-Aug-2023 (In Labour & Service Law)
I am working in a Private Bank in Pune. I have recently put in my resignation and asked the HR for early relieving. My notice period is 90 days and I am serving 77 days which includes 6 days of my leave for which they have clearly said that money will be deducted from the salary. As per the service agreement they had stated that employee has to serve the 3 months notice period or 3 months basic pay has to be paid. Upon asking the HR team, they are quoting that, the policies have been changed and employee has to serve the notice period only and he/she can't leave, money won't suffice for the non fulfillment of notice period condition. They said, relieving letter won't be issued if notice period is not served. The have put me in a really difficult situation, I am joining a new organization on 5-11-2018 and they can't extend the joining date. The completion of notice period as per the policy is 14-11-2018 and I have asked to be relieved on 01-11-2018. In such a case I am not sure what to
Try to amicably solve the issue with the HRs and managers. If it doesn't resolve then you need not worry, join the new company on the expected date and before you join there give a leave application to the previous employer. They cannot hold your relieving letter.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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As per your query
You have given allredy given intimation /notice of reliving and you joined other company. In this situation you can ask you company in writing to relive. Else you can send him legal notice through Advocate.
For More information you can contact me.
You have given allredy given intimation /notice of reliving and you joined other company. In this situation you can ask you company in writing to relive. Else you can send him legal notice through Advocate.
For More information you can contact me.
Helpful?
This is my response to you:
1. Cite medical conditions for not attending the current office;
2. Go to the new organisation and start attending the same;
3. If the new organisation is going to create problems then approach your old office and send them a legal notice;
4. Tell them you want to buy out your notice period;
5. Ask them to immediately submit your relieving letter otherwise your new job will be compromised;
6. Take legal steps as method of last resort and file complaint to the labour court.
1. Cite medical conditions for not attending the current office;
2. Go to the new organisation and start attending the same;
3. If the new organisation is going to create problems then approach your old office and send them a legal notice;
4. Tell them you want to buy out your notice period;
5. Ask them to immediately submit your relieving letter otherwise your new job will be compromised;
6. Take legal steps as method of last resort and file complaint to the labour court.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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