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.
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.
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