Is this legal?

Hi All,

Please read the following and guide me for the same.

I am working for a company and have resigned my job before one month. As per my company policy, I have to give 2.5 months notice period. I totally agreed with the relieving dates and everything. My superior wanted me to complete the work before I leave the job. I did well and have completed before the actual day. That means, I have one more month and now itself I have completed all my committed assignments. Now company says some thing like this, they can relieve me prior to the relieving date, but they can office me relieving letter as per the company policy only. To join to some other company they can send me a official mail with all the explanation about the policy and everything. And they are saying that if my future company can accept the mail as relieving letter for time being, i can leave today itself. I do discussed regarding this with my HR people. they are saying that my current company accept this kind of options it seems and trying to do the same for their employees. Can any on suggest me on this? How to proceed this?

Thanks,
Chandra M

Notice period is the period which an employer normally requires to fill the vacancy caused by the resignation of an existing employee. It also refers to the period of work to be done so that no back log will be there when a new employee joins and he gains such a degree of training sufficient to continue the work which the leaving employee has been doing. That is why the regular or permanent employees need to have more notice period than temporary employees. In practice, the employer can waive the notice period if he gets an alternative personnel to be posted. In your case, as you have done all your assigned work and since there is no back log, there is nothing legal in releiving you. You can get releiving order from the present employer and join new firm. If the prior date releiving is authenticated by the employer you can accept it. You may appraise the new employer also about your releiving prior to the notice period on the ground of your having completed the work. Have a direct talk with your new employer, I hope he will accept it.

Regards,

Madhu.T.K

Hi Madhu,
This is an update from my end. I have got a mail from my new employer stating that they can put me in board only if i submit my relieving and everything properly. Now the question is coming in different way. My management forced me to take back my paper, but I didn't do that. Bcoz of that they may try to punish me in different way like, they have a plan to force me go in leave with lose of pay option till the actual day I will get relieving. Can an employer force a resource like this? The only thing they have is, notice period. Though they do not have much thing in policy about this issue, they are suggesting me now like, whether i can go in leave with loss of pay option or not. Today, they have suggested this option. I have opposed this option becoz, i have 40 more days to join new company, till that time i can't sit home with out salary. now my question is, can they force me to go in leave with loss of pay option?

Thanks,
mcs

Dear Chandra,
Matter seems to be a game between two employers. I donot understand why your past employer insists you to take leave. It is better for him to releive you rather than asking you to go on leave during the notice period. In fact, an employee may not be allowed to take leave during the notice days, but here, the employer himself is asking employee to take leave.

Compelling an employee to take leave shall be viewed as an unfair labour practice on the part of the employer. But in an unorganised set up, one questioning this will be victimised. You will not get any support of other employees especially when you have submitted your resignation.

It may also happen that since you have done your work without any backlog the employer might have appointed another person in your place and the employer may find it difficult to pay both. If you donot take leave without pay, the employer may take it to prevent you from getting relieving order. If possible, make a settlement otherwise be confident to face from the HR perspective. The later is possible only if you have sufficient experience and if you have the confidence that you can win the help of other employees.

Have you got offer from the new employer? Is there any specific date of joining mentioned in the offer letter? If yes, you do not worry about your job in the new company, but be in touch with the new company.

All the best.

Regards,

Madhu.T.K