Dear sirs,
My name is Vineet and I am employed with a leading telecom MNC. I am a rehire here and joined it 10 months back.
I had myself applied for this job, considering the nice time and learning opportunity I had in its previous centre, and based upon my earlier performance, was offered.
But here I found situation to be much different and work culture diminished.Long hours, Back pain and red eyes became a regular problem.
Now I have got a job with another good firm and they want me to join as soon as possible.
1) I have 45 days notice period here and it is mentioned that I can pay salary in lieu of that if I do not wish to serve full notice period.
2) I gave them a 15 day notice period and sent my resignation through e-mail. But now my manager did not respond to this e-mail.
3) HR Manager and my manager both asked me to serve the full notice period. When I talked about buyout, they said "such a option does not exist", while it does exist as per my appointment letter.
4) They proposed to change me to a new project which is "supposed" to have a more work-life balance based working condition. But as I know that this project will also be managed by my current manager, who is, the only one responsible for spoiling culture of this company, I do not want to consider that.
Now as I have made up my mind to change company, ready to buy out notice period, does this company:
1) has legal rights to retain my experience letter?
2) has rights to not do my Full and Final settlement?
3) What legal action can I take against this company in case they do not give me my relieving cum experience letter and my dues?
The reason for not releasing me is said to be that they can not find a replacement of me and they do not have a mitigation plan.
But as this company has been unethical to by all means in my stay here, I do not wish to forfeit this good offer. Can they force me to stay legally on basis of such statements?
Please provide me you expert help. I am in urgent need of this.
Regards,
Vineet.
From India, Delhi
My name is Vineet and I am employed with a leading telecom MNC. I am a rehire here and joined it 10 months back.
I had myself applied for this job, considering the nice time and learning opportunity I had in its previous centre, and based upon my earlier performance, was offered.
But here I found situation to be much different and work culture diminished.Long hours, Back pain and red eyes became a regular problem.
Now I have got a job with another good firm and they want me to join as soon as possible.
1) I have 45 days notice period here and it is mentioned that I can pay salary in lieu of that if I do not wish to serve full notice period.
2) I gave them a 15 day notice period and sent my resignation through e-mail. But now my manager did not respond to this e-mail.
3) HR Manager and my manager both asked me to serve the full notice period. When I talked about buyout, they said "such a option does not exist", while it does exist as per my appointment letter.
4) They proposed to change me to a new project which is "supposed" to have a more work-life balance based working condition. But as I know that this project will also be managed by my current manager, who is, the only one responsible for spoiling culture of this company, I do not want to consider that.
Now as I have made up my mind to change company, ready to buy out notice period, does this company:
1) has legal rights to retain my experience letter?
2) has rights to not do my Full and Final settlement?
3) What legal action can I take against this company in case they do not give me my relieving cum experience letter and my dues?
The reason for not releasing me is said to be that they can not find a replacement of me and they do not have a mitigation plan.
But as this company has been unethical to by all means in my stay here, I do not wish to forfeit this good offer. Can they force me to stay legally on basis of such statements?
Please provide me you expert help. I am in urgent need of this.
Regards,
Vineet.
From India, Delhi
THere is no law which can forced you to work without your will and wishes..First of all you have to send your resignation with 15 days notice and remainig 30 days pay in lieu of notice...then employer has no lien on your employment..this is gentlemanship approach
There is another way which is more practical apporoach..You have already informed them of your intention and already send your resignation now forget about all legal dues and formalities like relieving letters etc...Because you did nothing wrong nor you have been terminated for any wrong doing you can defend your employment tenure with this employer on the basis of BAD HR practices resulting in quitting job in this manner..
In life action and reactions are reciprocal its not just one way traffic..
Badlu
badlu
From Saudi Arabia
15There is another way which is more practical apporoach..You have already informed them of your intention and already send your resignation now forget about all legal dues and formalities like relieving letters etc...Because you did nothing wrong nor you have been terminated for any wrong doing you can defend your employment tenure with this employer on the basis of BAD HR practices resulting in quitting job in this manner..
In life action and reactions are reciprocal its not just one way traffic..
Badlu
badlu
From Saudi Arabia
The exact clause given in my appointment letter is:
"Your employment with the company may be terminated by yourself or by the Company by giving in writing a minimum of forty five days notice or salary in lieu thereof. Notwithstanding, the above the company reserves the right to pay the equivalent of the prior notice period in lieu of notice and it is acknowledged and agreed in advance that this amount will be adequate compensation to you for the early termination of your employment. Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
Does this not violate equal justice paradigm?
An employer can terminate employment by giving salary but has RIGHT to accept/deny the same when an employee wants to leave early?
Please guys, suggest me what should I do.
I am stuck here and unable to decide what to do.
Regard
From India, Delhi
"Your employment with the company may be terminated by yourself or by the Company by giving in writing a minimum of forty five days notice or salary in lieu thereof. Notwithstanding, the above the company reserves the right to pay the equivalent of the prior notice period in lieu of notice and it is acknowledged and agreed in advance that this amount will be adequate compensation to you for the early termination of your employment. Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
Does this not violate equal justice paradigm?
An employer can terminate employment by giving salary but has RIGHT to accept/deny the same when an employee wants to leave early?
Please guys, suggest me what should I do.
I am stuck here and unable to decide what to do.
Regard
From India, Delhi
Hello Vineet, i’ve similar kind of problem and looking to get the rid of it. Please refer my posting for the same regards suresh
From India, Mumbai
From India, Mumbai
dear
the company can not hopld you forcely because in india there is bo system of bonded labour.legally you are absolutely right as you are paying in lieu of notice period of one month.
now legally they should not hold your full and final as well as relieving letter but
if they donot give you than u file a case with deupty labour commissioner
under payment of wages act.
tks
js malik
From India, Delhi
the company can not hopld you forcely because in india there is bo system of bonded labour.legally you are absolutely right as you are paying in lieu of notice period of one month.
now legally they should not hold your full and final as well as relieving letter but
if they donot give you than u file a case with deupty labour commissioner
under payment of wages act.
tks
js malik
From India, Delhi
Thank you very much malik sir :)
But the exact clause given in my appointment letter is:
"Your employment with the company may be terminated by yourself or by the Company by giving in writing a minimum of forty five days notice or salary in lieu thereof. Notwithstanding, the above the company reserves the right to pay the equivalent of the prior notice period in lieu of notice and it is acknowledged and agreed in advance that this amount will be adequate compensation to you for the early termination of your employment. Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
Does this not violate equal justice paradigm?
An employer can terminate employment by giving salary but has RIGHT to accept/deny the same when an employee wants to leave early?
Please suggest me what should I do.
Regard
From India, Delhi
But the exact clause given in my appointment letter is:
"Your employment with the company may be terminated by yourself or by the Company by giving in writing a minimum of forty five days notice or salary in lieu thereof. Notwithstanding, the above the company reserves the right to pay the equivalent of the prior notice period in lieu of notice and it is acknowledged and agreed in advance that this amount will be adequate compensation to you for the early termination of your employment. Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
Does this not violate equal justice paradigm?
An employer can terminate employment by giving salary but has RIGHT to accept/deny the same when an employee wants to leave early?
Please suggest me what should I do.
Regard
From India, Delhi
dear
this clause in contract is void.appointment of in individual is contract.even in some countries call it contract letter.
clause in the contract should be same for both parties.this clause will not hold good
in the eyes of law.
tks
j s malik
From India, Delhi
this clause in contract is void.appointment of in individual is contract.even in some countries call it contract letter.
clause in the contract should be same for both parties.this clause will not hold good
in the eyes of law.
tks
j s malik
From India, Delhi
Mr. Malik is absolutely right, the contract of employment clause should be the same ie., with one month notice or payment in lieu of notice on both sides.
You can challenge and get relieved - kameswarao
From India, Hyderabad
You can challenge and get relieved - kameswarao
From India, Hyderabad
Dear Vineet,
The below clause in your contract itself is void
" Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
You have the full rights to get your end of service benefits.
Regarding the question of issuing the experience certificate, its a discretion of the company to issue it, you cannot claim for a experience certificate as a rightful claim. Normally a company issues experience certificate only after the employee fullfills certain criteria of continious service.
Legal action - As mentioned by Mr. Malik, you can approach the Labour Commisioner under the Payment of Wages Act.
Anil
The below clause in your contract itself is void
" Further the company may accept or deny the receipt of salary from you in lieu of notice period depending on the criticality of the assignment/work etc., as deemed fit"
You have the full rights to get your end of service benefits.
Regarding the question of issuing the experience certificate, its a discretion of the company to issue it, you cannot claim for a experience certificate as a rightful claim. Normally a company issues experience certificate only after the employee fullfills certain criteria of continious service.
Legal action - As mentioned by Mr. Malik, you can approach the Labour Commisioner under the Payment of Wages Act.
Anil
Dear Vineet,
Its very sorry to know about the kind of treatment given to your from your current employer.First of all hearty congratulations for getting a new job even in this recession.
As others have said it, that you can directly approach the Labour Dept, otherwise you can request the company to extend the time of joining, so that you serve the 45days of your notice time with current employer.
ALL THE BEST!
From India, Hyderabad
Its very sorry to know about the kind of treatment given to your from your current employer.First of all hearty congratulations for getting a new job even in this recession.
As others have said it, that you can directly approach the Labour Dept, otherwise you can request the company to extend the time of joining, so that you serve the 45days of your notice time with current employer.
ALL THE BEST!
From India, Hyderabad
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