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Company is not releaseing without serving notice period


16-Sep-2023 (In Labour & Service Law)

I am working in IT MNC since 4.5 years. From last 3 Years there is not any change in my position/Band/Rating and salary also not changing my project to learn new tech. I am very tensed and became a patient of hypertension. The same I have reported to management multiple time on mail. Now I have resigned with 30 days notice period due to this tension and company is asking me serve 90 days notice as per policy and agreement in offer letter. I also have offered them to give basic salary in lieu thereof as per Offer letter. But They are denying due to business exigency. Please help me on this.

Answers (3)

Answer #1
961 votes
Dear Concerned, Normally, the employment in a private firm is governed by the employment contract, unless the contract is against the public policy. In your case, your first grievance that you have not been given promotion and salary hike and stagnancy in the profile, the same cannot be helped much since the promotion and positioning is a prerogative of the employer in the case of Private Employers. Yes, if the said Company has a Employee policy w.r.t. promotion, we can look into that to find an answer, if any. Second grievance of the notice period, it is advised that you duly submit your medical documents to the Employer under acknowledgement and then seek a waiver.
Advocate Avneesh Garg

Adv. Avneesh Garg

LawRato Delhi | 25+ Answers
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Answer #2
551 votes
Sir I would advise you to serve the extra 60 days because that is a term and condition of a duly signed agreement. When you have already given 4.5 years to the company you could give them 60 days more. But take it in writing from them, duly signed by you as well (like an agreement) that they would release you on the completion of 90 days and conclude your full and final settlement on that day itself. Take it in writing. If they refuse then we will take further steps and enforce clause in the agreement where you should be allowed to exit after paying them 2 months salary.
Advocate Shweta Sharma

Adv. Shweta Sharma

LawRatoDelhi | 5+ Answers
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Answer #3
700 votes
Dear Sir, please provide me with the copies of the agreements/contract singed between you and your company, the copy of all the emails sent by you, it is only then any sound solution can be recommended to you. What was the date of you serving the notice./intimation. If you wish, you may send as soft copy. Till then hold your self calm and composed.

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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