Sushilkluthra@gmail.com
Consultant In Legal Matters
Rajusharadha@yahoo.com
Managing Director
+1 Other

Thread Started by #mama_bangalore

I have a notice period of 1 month with my current employer (US based startup started in India sometime back) and I have resigned from my company and expecting to get released by next 1 month after serving due 1 month notice period. My employer is not accepting my resignation and also not stating my final release date .
I checked the offer letter and see that one of the clauses of termination is that "Notwithstanding anything aforesaid , termination by you shall be subject to the satisfactory completion of all your existing duties, obligations and projects.
My question is, can the company delay the acceptance of my resignation and my subsequent release using the above clause.??
Can I seek legal recourse against the company for not releasing me even after serving notice period. What should I do??
26th May 2015 From United%20States, undefined
"""Notwithstanding anything aforesaid , termination by you shall be subject to the satisfactory completion of all your existing duties, obligations and projects. ""
Anything of this nature pending against you??
This being a clause,you need to talk to your reporting manager and confirm that no task whatsoever is pending against you.
You can seek legal recourse no doubt ,but this clause will be used against you.
Therefore first thing is to quickly clarify from your manager.
26th May 2015 From India, Pune
First appropriate option is relieving without bricks and bats. But if the employer is arbitrarily bent upon making him a bonded labour then the legal position should be known to him.The clause of termination to the effect that "Notwithstanding anything aforesaid , termination by you shall be subject to the satisfactory completion of all your existing duties, obligations and projects" is contrary to Shops and Establishment Act provisions regarding notice period, say generally of one month. The employee has to check up the relevant State Act about the extent of notice period and mode permissible for quitting. A running company has many ongoing projects but it does not mean that the employee becomes a bonded labour for months together. He can quit after complying with statutory provisions compliance under the

Act. These provisions superimpose upon the contractual terms which are void to that extent as the provisions of the Act relating to notice period are not subject to contract on the contrary. Suffice to mention few lines of the Madras HC:

"Madras High Court

J. Nandhini vs The Deputy Commissioner Of Labour decided on 31 March, 2003

19. Notwithstanding the existence of such a clause, the termination of services of such an employee can only be for a reasonable cause, as that requirement has in effect been super-added by Section 41(1) of the Act to all contracts of employment with employees covered by this Act. It is not open to any employer to contract out of that requirement as Section 41 is not subject to contract on the contrary."

Obviously in that eventuality, the remedy is by approching the Inspector under the said Act or alternatively, by filing civil suit to claim interim mandatory injunction also to obtain relieving letter.

Thanks

Sushil
26th May 2015 From India, New Delhi
Thanks a lot for the answer .My Manager kept on persuading me to withdraw the resignation for 1 week and now when I didn't relent he has given me some work after 1 week of resigning and now asking me to complete it before going . He is estimating it to complete by next 1.5 months to his satisfaction even when my notice period ends in next 15 days. I guess they are trying to delay my notice period in some pretext or the other by giving some work.
27th May 2015 From United%20States, undefined
Decline this work in writing.
Tell him that it will take 1.5 months for completion and that you will not be in position to complete it properly.
Copy of this email/letter can be cc to HR also.
Learned poster Shri Sushil has given you the legal position.
Open the Shops and Establishment act applicable to your state and read about leaving service,temination etc and follow the rules.
27th May 2015 From India, Pune
Dear Brother Mr. Nathrao,
My view is let the manager give any work and let the employee do his work sincerely till the statutory notice period completes. If he will decline to work then the manager may take action on insubordination. On the contrary after notice period expires the manager looses any right to take such action because employee will be deemed to have been relieved in the eyes of law.
Thanks
Sushil
27th May 2015 From India, New Delhi
Dear Sushil,
Thanks for the alternate view.
When employer starts behaving in difficult manner,employee is stuck.
On the other hand if employer takes a broad view and lets those who want to go/change of job voluntarily,work relations would be swinging.
My POV was that the manager will fuss around saying half job is done and now work by new person would be difficult-so complete it and then leave.
27th May 2015 From India, Pune
Thanks everyone for the suggestions/views. Io really appreciate your help. Regarding my latest position I am following up daily personally and through mails. I had to take up the work since they cited is very urgent and nobody else can do and also I estimated to complete it within my notice period. But the work has dependencies on other team who has to complete something before I start and that is getting delayed and hence I am losing days. The last official mail I got from my manager is that I can only get relieved post completion of the assigned work and discuss the date assigned work is complete.
Its a small company with no proper policies and its a one man show.HR is just puppet.I am trying my best to settle things amicably but don't know what will happen
28th May 2015 From United%20States, undefined
Sir
You need not bother about any clause. If you have submitted your resignation and the same has been reached to the concerned, you have to serve required notice period as per terms of appointment. After completion of your notice period you can demand relieving letter from the existing employer. If the employer is not willing to give relieveing letter you can go to court of law to settle your claim.
regards
raju
29th May 2015 From India, Madras
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