Rajanassociates
Legal Counsel
Nsirdesai
Head Hr
+2 Others

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:icon1: Hi All,

I am working with my current employer from last 3 years and now I have decided to join in another firm. The ideal notice period is 2 months but I can't serve complete notice period and I have informed my HR that I am agree to pay notice pay in lieu of 1 month notice as I will be serving for a month but she told me that this decision in entirely in my managers hand.

I have seen incidents in my company where in an employee was relieved in 5 days also but that was in other team. Our team manager has a dubious distinction of not freeing any employee before 2 months and if employee went before that, he made them absoconding and company never release a relieving letter to them.

Would like to ask the following:-
1) Is there any legal action that could be initiated against me, if I don't serve the 2 month notice period and only serve a month's notice period and pay a month's basic salary in lieu of remaining period?
2) Can a company hold back my relieving letter even if I serve for a month and paid a month's salary in lieu of notice period.
3) What is the importance of relieving letter, if I have all my payslips, offer letter, appraisal letter to support my experience.
4) Do the company have the right to hold back my salary, my benefits and PF renumerations?

Any Help in this tough would be appreciated...

Thanks
Vikas

From India, Delhi
Dear

The response:
1) Is there any legal action that could be initiated against me, if I don't serve the 2 month notice period and only serve a month's notice period and pay a month's basic salary in lieu of remaining period?

Company can recover the Notice pay Salary and make the adjustment in your F &F.In case you serve one months then you will have to be ready for the Notice pay agreed as per your terms of Appointment.
2) Can a company hold back my relieving letter even if I serve for a month and paid a month's salary in lieu of notice period.

It cannot.
3) What is the importance of relieving letter, if I have all my payslips, offer letter, appraisal letter to support my experience.
It depends on your next employer.if you are going to be self employed nothing matters.

4) Do the company have the right to hold back my salary, my benefits and PF renumerations?

They cannot.
With Regards

E-mail : ,


From India, Bangalore
Thanks for the reply Sir, The clause in my Appointment letter is as mentioned below:-

" This employment may be terminated by either party by giving 60 days notice. Whilist the company reserves the right to release you upon your resignation prior to conclusion of your notice period without paying notice pay for the balance notice period, notice pay in lieu of notice is acceptable only on approval from your unit head"

Does this statement mean I have no right to pay noticy pay in lieu of Notice period until unless it is acceptable by my manager?:confused:

With this clause in my aggrement, will it still be ok to ask you the following:-

1) Is there any legal action that could be initiated against me, if I don't serve the 2 month notice period and only serve a month's notice period and pay a month's basic salary in lieu of remaining period?

2) Can a company hold back my relieving letter even if I serve for a month and paid a month's salary in lieu of notice period and if they do, can I initiate legal action against them?

3) Do the company have the right to hold back my salary, my benefits and PF renumerations?

Regards,

Vikas

From India, Delhi
Dear Vikas
Pl check your contract / terms of employement. What seperation clause says. If it says that a employee has to give 2 months notice or salary in lieu of notice period then you can give one month's notice and one month's salary in lieu of one month's notice period. But there is no mention that you can give salary for the short fall of notice period then company may ask you to work for 2 months. Legal action is that they may treat you as absconding with out information and may with hold your settlement. In case if any future employer check your reference with them then they may try to spoil your image.


Hi Vikas / Team,
The same has been happened with me. I was working with privately held consultancy co. for its CMM Level 5 Client Company near about 1.5yr. On my offer letter it is clearly mentioned that on resignation to the company, candidate has to serve 90 days notice period or buyout notice period by paying 3 months salary in lieu of notice period. I gave resign on 10th and served to company for that complete month.
Main thing is that I was re-leaved from Client Side for which I was hired. But now, company is not ready to offer me my re-leaving letter as well as service letter. Also they had not done my payment of June'10, which I had served. I am ready to pay money in lieu of notice period. But HR manager is not ready to accept it. Just giving one answer always as it is absconding case, nothing will happen.
I joined new firm without docs. Currently I do not need these docs. But in future it will affect my career path if I apply for MNC like TCS, IBM etc which do background check. I am always in contact with previous employer for re-leaving docs, but of no use. Only getting humiliated treatment from them as I have committed any crime to them.

Height is that they have released some other colleagues within 5-10 days which are about to listed on black list of company as they had given notices to them about their wrong behavior in company.

Team, kindly suggest me the remedy for this as I am worried about my future.
If I continue with my present employer for more than year, do I necessary to produce re-leaving docs of my previous employer?

From India, Pune
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