Dear All,
I am working as Sr. Executive (It is Junior / Middle level position in my Organization) in one of the engineering company having registered office in Mumabi. I have resigned from my job and with one month notice against the three month notice in my appointment letter, I have mentioned in my resignation letter that I ready to surrender my leaves as well as ready to pay the amount to compensate the shortfall in my notice period due to my early leaving. My office has denied my early reliving saying citing the clause in my appointment letter, which is here under verbatim
"Thereafter your employment will be subjected to termination by Three months' notice period on either side. The company, however reserves the right to pay you three months' salary in lieu of notice."
Please guide me what action I can take for early reliving as my prospective employers can wait only for one month.
From India, Mumbai
I am working as Sr. Executive (It is Junior / Middle level position in my Organization) in one of the engineering company having registered office in Mumabi. I have resigned from my job and with one month notice against the three month notice in my appointment letter, I have mentioned in my resignation letter that I ready to surrender my leaves as well as ready to pay the amount to compensate the shortfall in my notice period due to my early leaving. My office has denied my early reliving saying citing the clause in my appointment letter, which is here under verbatim
"Thereafter your employment will be subjected to termination by Three months' notice period on either side. The company, however reserves the right to pay you three months' salary in lieu of notice."
Please guide me what action I can take for early reliving as my prospective employers can wait only for one month.
From India, Mumbai
The issue is purely an internal issue and there is no industrial dispute involved. If you were a worker and the employer is demanding three months notice, then the matter would have taken a different turn because there is nothing in the Industrial Disputes Act that makes it obligatory on the part of a 'worker' to give notice although the employer is bound to give notice or payment in lieu of notice if the employer wants to terminate an worker. Also, any term incorporated in the appointment order which overrides the Industrial Disputes Act will be void.
In your case, however, the terms of appointment order will prevail and as such it is advisable to have an amicable reach with intervention of some known persons like Labour Commissioner, informally. That will definitely work. Try that.
Regards,
Madhu.T.K
From India, Kannur
4193In your case, however, the terms of appointment order will prevail and as such it is advisable to have an amicable reach with intervention of some known persons like Labour Commissioner, informally. That will definitely work. Try that.
Regards,
Madhu.T.K
From India, Kannur
Dear Sir,
Thanks for your reply. I have communicated my concerns of early reliving to my immediate boss and to the HR of the company on e mail and in resignation letter. There has been incidences when many executives were relived before three months. If I go with one month notice only and surrender all assets (like laptop) to my company before leaving, what legal implications I can face from my company. Please guide in this mattter.
Thanks & Regards,
Vivek Tiwari
From India, Mumbai
Thanks for your reply. I have communicated my concerns of early reliving to my immediate boss and to the HR of the company on e mail and in resignation letter. There has been incidences when many executives were relived before three months. If I go with one month notice only and surrender all assets (like laptop) to my company before leaving, what legal implications I can face from my company. Please guide in this mattter.
Thanks & Regards,
Vivek Tiwari
From India, Mumbai
There will not be any legal complications as right to work and right to take decision with whom or where to work are fundamental rights of the individual and the employer can not object to it. However, the right to issue a good service certificate being the authority of the employer, he can harm you a lot. That is why I advise you to have a settlement and leave with a good record.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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