Consultant In Legal Matters
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
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.
26th May 2015 From India, New Delhi
27th May 2015 From United%20States, undefined
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
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.
27th May 2015 From India, New Delhi
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
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
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.
29th May 2015 From India, Madras