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Employer is not releaving after resignation what to do
06-Aug-2023 (In Labour & Service Law)
One of my friend got a new job offer however he needs to join in 30 days. The current employer says he need to serve a notice period of 90 days. No negotition. No buying of notice. Despite the fact there is no deliverable pending on him. Now the new company cannot wait for more than 30 days and will hire someone else. What my friend should do?
It is desirable that the person concerned should directly contact the​ lawyer for Legal advice.Please convey the same to your stated friend accordingly.However, the general legal position stipulates that an employer is not obligated to release any of his employee during the pendency of notice period.For further instructions contact lawRato.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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If your friend has signed an agreement for serving a 90 days notice period, he/she is liable to do. Else he/she needs to indemnify his/her employer. Apart howsoever your friend has properly handed over, he/she needs to fulfill the clauses of the contract.
If on the other way if there is no contract, it is sufficient to properly handover the operational activities before leaving the company.
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Adv. Pradipta Nath
Durgapur | 200+ 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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